Smt. Shridevi Vishwanath Birajdar And ANR v. State Of Maharashtra And ORS

1 CAW 2040-16.doc-P-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2040 OF 2016 IN WRIT PETITION NO.4469 OF 2014 Smt. Shridevi Vishwanath Birajdar and Anr.

] ... Applicants In the matter of :

Shri Vishwanath Ganpatrao Birajdar.

] ... Petitioner

Versus

The State of Maharashtra and Ors.

] ... Respondents Mr. V. K. Bodhare for Applicants.

Ms. Nisha Mehra, AGP for State.

Mr. Ajay Joshi for Respondent Nos.4 and 5.

CORAM :- SHANTANU S. KEMKAR & MAKARAND S. KARNIK, JJ.

DATE :- OCTOBER 14, 2016 P. C. :- 1.

Not on board. Upon mentioning, taken on board. 2.

Heard the learned Counsel for parties on Civil Application No.2040 of 2016. On due consideration, the application is allowed. Amendment to be carried out forthwith.

URS 1 of 2

2 CAW 2040-16.doc-P-17 3.

Learned Counsel for applicants submits that the applicants who are newly added petitioners, are not intending to proceed with the matter as the reliefs claimed in the petition cannot be extended in their favour. In regard to service benefits payable to the deceased, learned counsel for applicants submits that the service benefits of the original petitioner have not been paid to the petitioners as yet. 4.

Learned Counsel for management, in this regard, submits that the petitioners have to apply for the same, then the matter will be forwarded by the management to the State Government. To this, learned Counsel for applicants submits that the application to this effect has already been submitted.

5.

In view of the aforesaid, while disposing of the petition, we expect that respondents shall release the monetary benefits accrued in favour of the original petitioner to his legal representatives as per their entitlement as expeditiously as possible. 6.

With the aforesaid, Civil Application as well as the Writ Petition are disposed of.

(MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.) URS 2 of 2