1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4639 OF 2008 Parvatsingh Devalsingh Rajput & Another Vs. State of Maharashtra and Others Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri P. B. Patil Adv. For petitioner. Smt. Wasnik AGP for respondents 1 & 3. Shri Abhay Sambre Adv. For respondent 2. CORAM: C. L. PANGARKAR J. Dated: 18 th JUNE, 2009. Heard Shri Patil learned counsel for the petitioner, Shri Sambre learned counsel for the respondent No.2 and Smt. Wasnik learned AGP for the respondents 1 and 3. 2. Municipal council had passed a Resolution directing 1/3rd pension of petitioner to be commuted. The Chief Officer after such Resolution was passed by the Council sent a report to the Collector. Collector usilising the power under Section 308 of the Maharashtra (Municipal Councils) (Nagar Panchayats) and Industrial Township 2 Act 1965 , set aside the Resolution passed by the Council on the ground that it was unlawful and it was against the public interest. The said order is challenged. 3. Without going into the legality or otherwise of the order passed by the Collector I think it would be desirable to direct the Chief Officer of the Municipal Council to consider the applications of the petitioners for commutation of the pension since Bye Law No. 60 requires the Chief Officer alone to consider the said application i. e. to grant or reject the prayer. Since the jurisdiction to grant or reject the prayer lies with the Chief Officer it is for the Chief Officer to decide the application filed by the petitioners. The council could not have sanctioned it. It is directed that the Chief Officer shall now decide the applications filed by the petitioners for commutation of pension within a period of one month. The Chief Officer should bear in mind that he has to be compassionate since he is dealing with the applications of retired employees. Petition stands disposed of. JUDGE svk 3 4 5 6