-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1633 OF 2007 APPLICATION NO.1633 OF 2007 APPLICATION NO.1633 OF 2007 IN IN IN SECOND SECOND SECOND APPEAL NO.564 OF 1999 APPEAL NO.564 OF 1999 APPEAL NO.564 OF 1999 Head Master and Another ...Applicants vs. Laxmikant Narsinha Kapileshwar & Anr. ...Respondents And Laxmikant Narsinha Kapileshwar ...Applicant Mr.Arif I.I.Patel for the Applicant Mr.G.H.Keluskar h/f Mr.N.V.Walawalkar for the Respondent No.1 CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 18, 2008. : MARCH 18, 2008. : MARCH 18, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate for the Appellants and the Advocate for the Respondent No.1 in the second Appeal. Affidavit of Shri Shri S.B.Shinde filed on behalf of Appellant No.1 is taken on record. Second Appeal is pending for final disposal. Considering the controversy involved, prayers (a) and (b) cannot be granted at this stage. In so far as prayers (c) and (d) are concerned, paragraph 2 of the affidavit tendered today takes sufficient care. In the said affidavit it is stated that a bill of gratuity payable to the first Respondent was submitted to the Education Officer. The said proposal has been returned by the office of the Accountant General with certain queries. The Advocate for the Appellant states that it will take some time to give reply to the said queries. It is pointed out in paragraph 2 of the Affidavit that the provisional pension has already been sanctioned on 13th March -2- 2008. 2. The Appellants are expected to take early steps for complying with the queries raised as regards the bill of gratuity. 3. Though the application is being disposed of, if no steps are taken by the Appellants as regards the bill of gratuity within a period of three months from today, it will be open for the first Respondent to take out a fresh application for appropriate relief. 5. In case it is the grievance of the first Respondent that other retirement dues are not paid to him, it will be open for him to take out appropriate proceedings in that behalf. 4. Subject to what is stated above, Civil Application is disposed of. JUDGE JUDGE JUDGE