1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2131 OF 2001 Rajaram Vaijnathrao Waghchoure, Age 67 years, Occ. Retired Peon, R/o Chanai, Tq. Ambejogai, District Beed. ..Petitioner Versus 1. The State of Maharashtra Village Development Department, Mantralaya, Fort Area, Mumbai, through the Secretary. 2. Zilla Parishad, Beed Through Chief Executive Officer. 3. Zilla Parishad Chief Executive Officer, Zilla Parishad, Beed. 4. The Zilla Parishad Primary School, Chanai, Tq. Ambejogai, District Beed, through the Head Master. 5. The Chief Account and Finance Officer, Zilla Parishad, Beed. ..Respondents ... Advocates appearing for : Petitioner : Shri Amol Gandhi, Respondent 1 : Smt. V.A.Shinde, AGP Respondents 2, 3 & 5 : Shri H.K.Mundhe, Respondent 4 : Served. ... CORAM : S.B.DESHMUKH & SHRIHARI P.DAVARE, JJ. Dated : November 4, 2009 2 ORAL JUDGMENT :- 1. Heard learned counsel for the respective parties. 2. Shri Gandhi, learned Advocate for the petitioner has drawn our attention to the order passed by this Court earlier in Writ Petition No.2595 of 2000. Copy of the said order is made available. It is taken on record and marked Exhibit "X" for identification. 3. Shri Mundhe, learned Advocate for respondents 2,3 and 5 submits that the entitlement of the interest can be considered by the competent authority of the State Government. The claim of the petitioner in relation to the pension can be considered by the Zilla Parishad. 4. The petitioner stood retired from the services in March 1998. However, he is still required to litigate for pension. In our view, the Zilla Parishad can be directed to decide the claim of the petitioner for pension in view pf the provisions of the Maharashtra Zilla Parishads Act and Maharashtra Civil Services (Pension) Rules, 1982, since pension Rules of the Government employees hold the field in relation to the employees of the Zilla Parishad also. The question of interest can be raised by the petitioner after decision on his entitlement to pension. 5. In the result, Writ Petition is allowed. Respondents 2 and 3 are directed to decide the claim of the petitioner pertaining to grant of pension from 30.4.1998. Such claim to be decided in accordance 3 with the provisions of law within the period of four months from today. Leave in favour of the petitioner, in case the petitioner is aggrieved, to approach the proper forum pertaining to his claim for pension. Leave also in favour of the petitioner to approach the competent authority of the State Government, in case his claim for pension is favourably considered, for grant of interest. 6. Rule made absolute in above terms. No order as to costs. (SHRIHARI P.DAVARE,J.) (S.B.DESHMUKH,J.) ... akl