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Bombay High CourtWP/8448/2023disposed off

Archana Ramesh Nimbalkar v. The State Of Maharashtra Thr Its Principal Secrtry And ORS

2024-01-04Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice M. M. Sathaye2 pages

1/2 50.WP.8448.2023 .doc by ANANT KRISHNA NAIK Date:

2024.01.08 19:08:01 +0530 ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8448 OF 2023 Archana Ramesh Nimbalkar ....Petitioner V/S The State Of Maharashtra Thr Its Principal Secretary & Ors

...Respondents

Mr. Tejesh Dande a/w. Adv. Bharat Gadhavi for the Petitioner. Mr. M. M. Pabale, AGP for the Respondent No. 1 to 4-State. CORAM : NITIN JAMDAR & M. M. SATHAYE, JJ.

DATED : 4TH JANUARY, 2024 P.C.:

1.

Heard learned Counsel for the parties.

2.

The learned Counsel for the Petitioner states that the Respondent No. 6 is supporting the case of the Petitioner, for this and also for the order that is proposed to be passed, we do not deem it necessary to issue notice to the Respondent No. 6 and 3.

A proposal submitted by the Respondent No. 6 as regards the pensionary benefits admissible to the Petitioner's husband late Ramesh Nimbalkar on 5th July, 2021 is not yet decided. With this grievance, the Petitioner has filed the present Petition.

4.

The Petitioner apprehends that the reason could be over age of the akn 1/2

2/2 50.WP.8448.2023 .doc deceased. However, there is no specific findings to that effect. Be that as it may, since the proposal has remained pending, it needs to be decided expeditiously.

5.

Accordingly, the Respondent No. 3-Joint Director of High Education, Pune will examine the proposal so submitted. If the pensionary benefits are to be released, necessary action be taken within a period of six weeks. If any adverse decision is to be taken, then proposed ground of rejection be communicated to the Respondent No. 6 within a period of four weeks and after the explanation so received from the Respondent No. 6, dealing with the same, pass a reasoned order within a period of six weeks thereafter.

6.

This time line will come into effect from the date, this order is uploaded.

7.

The Writ Petition is accordingly disposed of. (M. M. SATHAYE, J.) (NITIN JAMDAR, J.) akn 2/2