Prakash Ramnath Nakil v. The Commissioner Of Police (Railways) Wadibundar, Mumbai And ANR

41 IA 8632 OF 2025 CORRECTED.DOC 1IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8632 OF 2025 IN WRIT PETITION NO. 3252 OF 2022 Prakash Ramnath Nakil ...Applicant IN TEH MATTER BETWEEN :

Prakash Ramnath Nakil

...Petitioner

Versus

The Commissioenr of Police (Railways) Wadibundar, Mumba and Ors.

...Respondents

Mr. Dilip Bhosale i/b. Mr. Dilip Bodake, advocate for the Applicant/Petitioner.

Mr. N.C. Walimbe, Addl. G.P. a/w. Mr. V. G. Badgujar, AGP for Respondent-State.

CORAM:

SUMAN SHYAM & MANJUSHA DESHPANDE, JJ.

DATED:

6TH OCTOBER 2025.

PC:- 1.

The Writ Petitioner was awarded penalty of compulsory retirement from service vide order dated 27th May, 2014, which order was challenged before the Maharashtra Administrative Digitally signed by RAJESHRI PRAKASH AHER Date:

2025.10.16 11:46:57 +0530 Tribunal, Mumbai (MAT) by filing Original Application No. 207 of RAJESHRI PRAKASH AHER 2016. The said Original Application was, however, dismissed by 1 This order is corrected pursuant to the speaking order dated 14th October 2025. 6th October 2025 Rajeshri Aher

41 IA 8632 OF 2025 CORRECTED.DOC judgment and order dated 12th February, 2019. Aggrieved thereby, the present Writ Petition has been filed.

2.

The grievance of the Petitioner is that although he is entitled to receive atleast the provisional pension, yet, save and except, paying the provisional pension for a period of six months, the Department has not released his provisional pension for the remaining period, thus, causing serious prejudice to the interest of the Petitioner.

3.

Mr. Walimbe, the learned AGP appearing for the Respondent-State has confirmed that provisional pension was paid to the Petitioner as per amount admissible under the Rules. But he submits that although a proposal was required to be sent to the office of the AG for sanctioning provisional pension to the Petitioner for the remaining period i.e. until disposal of the Writ Petition, he is unaware of the developments if any. Therefore, he seeks a week's time to obtain updated instructions and inform this Court as to what action, if any, has been taken in the matter by the Department. Taking note of the submission made by Mr. Walimbe, stand over to 14th October, 2025, to be listed on the Supplementary Board. The learned AGP to obtain complete instructions before the next date. On the next date the concerned officer to also remain present alongwith the departmental record.

(MANJUSHA DESHPANDE, J.) (SUMAN SHYAM, J.) { 6th October 2025 Rajeshri Aher