AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.585 OF 2010 IN WRIT PETITION NO.3692 OF 2009 Indian Audit & Accounts Department & Ors. ... Applicants Vs. Suresh Govindrao Kokate & Anr. ... Respondents Ms. M.P. Thakur, A.G.P. for the applicants. Mr. R.M. Pethe i/b Mr. Sagar Joshi for respondent 1 (original petitioner). CORAM: MRS. RANJANA DESAI & A.A. SAYED, JJ. DATED : 22ND MARCH, 2010. P.C.:- 1. We have heard learned A.G.P. appearing for the applicants and learned counsel for respondent 1 - original petitioner. AJN 2 2. By reasoned order dated 9/9/2009, we have disposed of Writ Petition No.3692 of 2009. We had directed respondents 1 to 3 to release the pension of the petitioner subject to his filing an undertaking in this court within a period of three weeks from the date of the said order that his pension will be subject to the decision of the Supreme Court and if the Supreme Court sets aside his promotion, he will make good the pension amount received by him to that extent. 3. Pursuant to the said order, the original petitioner has filed two undertakings. The respondents are not satisfied with the undertakings because in the undertakings, the petitioner has stated that he undertakes to receive pension payable to Assistant Registrar along with other pensionary benefits including interest if any. The respondents' objection is to the words “including interest, if any”. 4. The issue as to whether the original petitioner's AJN 3 promotion is legal or not is sub-judice in the Supreme Court. It is contended by learned counsel for the original petitioner that interest is the petitioner's right and, therefore, the word “interest” can be included in the undertaking. At this juncture, we do not want to go into this aspect of the matter. Once the Supreme Court finally upholds the petitioner's promotion, the quantum of his pension amount will be finally determined and if the petitioner is entitled to interest, it will be paid to him. We make it clear that the issue as to whether the petitioner is entitled to the interest or not has not been decided by us. Order dated 9/9/2009 was to operate during the interregnum and the interim arrangement made by us is subject to the final decision of the Supreme Court. 5. At this stage, learned counsel for the original petitioner states that he will file a fresh undertaking deleting the words “including interest, if any”. Let the fresh undertaking be filed within two days from today. Once, Supreme Court decides the special leave petition, AJN 4 the original petitioner will be entitled to urge that interest be paid to him and interest will be paid to him if he is legally entitled to it. 6. Civil application is disposed of. [MRS. RANJANA DESAI, J.] [A.A. SAYED, J.]