1 W.P. 1317/1994 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1317 OF 1994 Khairunnisabee & Oths. .... PETITIONERS VERSUS The State of Maharashtra & Oths. .... RESPONDENTS Mrs. A.N.Ansari, Advocate for petitioner. Mr. V.D.Rakh, Assistant Govt. Pleader for State. ............................ CORAM : B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE: 12/07/2010 ORAL ORDER : 1. Vide the present petition, the petitioners have prayed for payment of the family pension to them as per the Govt. Resolution dated 16/4/1984. 2. By way of interim order, this Court on 29/3/1995 had directed the respondents to pay family pension @ Rs. 200/­ per month to all the petitioners from 1/4/1995 and had directed the respondents to deposit Rs. 10,000/­ for each of the petitioners towards past arrears and further to process the application of the petitioners and finalize the provisional pension. The learned Assistant Govt. Pleader states that after the orders passed by this Court, the family pension has been regularly paid to the 2 W.P. 1317/1994 petitioners. It is also informed that only 2 petitioners are alive. 3. In view of the fact that the petitioners are being paid pension during the pendency of this petition and further it is not disputed that the pension amount was payable to the petitioners, nothing survives in the petition. 4. With regard to the arrears which the petitioners are entitled to, the respondents are directed to quantify the amount of arrears and pay the same to the petitioners along with interest @ 9 % per annum within the period of 3 months from today. 5. The petition is disposed of accordingly. Rule is made absolute on above terms with no order as to costs. 6. The show cause notice is issued to respondent no.2. Respondent no. 2 is present before the Court and has filed affidavit tendering unconditional apology. The same is accepted and the notice is discharged. [ S.V. GANGAPURWALA ] [ B.R. GAVAI ] JUDGE JUDGE knp/WP 1317.94