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Bombay High CourtWP/1782/2015disposed off

Bharati Jaysing Mali v. State Of Maharashtra Through Its Secretary, Transport Dept. And ANR.

2018-12-04Hon'Ble Shri Justice Sandeep Kashinath Shinde,Hon'Ble Shri Justice A.S. Oka2 pages

wp1782.doc ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1782 OF 2015 Bharati Jaysing Mali

...Petitioner

vs.

State of Maharashtra and Others

...Respondents

Mr.R.K.Mendadkar a/w Mr.T.V.Jadhav for the Petitioner Mr.P.P.More, AGP for the respondent No.1 Mr.C.M.Lokesh I/b Mr.G.S.Hegde for respondent No.2 CORAM : A.S.OKA, & SANDEEP K. SHINDE, JJ.

DATE : DECEMBER 4, 2018 P.C.:

The learned counsel for the petitioner states that the petitioner has superannuated during the pendency of this petition. We accept the said statement. He states that now the petitioner will apply for payment of gratuity and pension and therefore, the petitioner may be permitted to withdraw this petition. The learned counsel for the second respondent opposes the prayer.

The petitioner wants to withdraw this petition. The said prayer deserves to be granted. Accordingly, we pass the following order:

(I) Writ Petition is disposed of as withdrawn;

wp1782.doc (II) It will be open for the petitioner to make an application to the second respondent for grant of gratuity and pension. Such application shall be decided by the second respondent as expeditiously as possible;

(III) We make it clear that we have made no adjudication on the question whether the petitioner is entitled to the said benefits.

(SANDEEP K.SHINDE,J.) (A.S.OKA,J.)