Maharashtra Education Society v. Shri. Gotsurve Bhimasha Shravan And ORS.

k 1/2 219 wp 4015.03 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4015 OF 2003 Maharashtra Education Society ... Petitioner vs.

Shri Gotsurve Bhimasha Shravan & Ors.

... Respondents Mr. Neel Helekar a/w Mrs. Anjali Helekar for the Petitioner. Mr. J. Shekhar i/b Mr. Akshay Kapadia for the Respondent No.1A. Mr. S.J. Rairkar for the Respondent No.2.

Mr. J.A. Madane, AGP for the Respondent No.3. Coram : A.A.Sayed, J.

Date : 17 January 2017 P.C. :

The learned Counsel for the Petitioner has placed on record a letter dated 16 January 2017 written by the Petitioner Management to him stating that since the Respondent No.1 employee has expired during the pendency of the Writ Petition and his legal heirs are brought on record, as a special case, the Petitioner Management has decided to comply the impugned judgment and order of the School Tribunal and have requested the learned Counsel to withdraw this Petition. The letter dated 16 January 2016 is taken on record and marked 'X' for identification.

The Petition shall accordingly stand disposed of as withdrawn.

k 2/2 219 wp 4015.03 as.doc It is clarified that since the Respondent No.1 employee has expired, the present Respondents, who are his legal heirs shall be entitled to pension/family pension and arrears thereof to be paid by the State Government in accordance with law. The Petitioner Management to comply with the order of the School Tribunal and send the proposal of pension to the Respondent Corporation at the earliest. The Respondent Corporation shall also process and send the proposal to the State Government expeditiously.

(A.A.Sayed, J.) katkam