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Bombay High CourtWP/8913/2021rule absolute

Sou. Jayashree Shrikrishna Giri v. State Of Maharahtra And ANR

2021-12-16Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice R. N. Laddha2 pages

NISHA SANDEEP CHITNIS NISHA SANDEEP CHITNIS Date: 2021.12.17 13:34:56 +0530 14-wp.8913.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8913 OF 2021 Jayashree Shrikrishna Giri

...Petitioner

Versus

State of Maharashtra and Anr.

...Respondents

Mr. Rahul S. Kadam, for the Petitioner.

Ms. P. N. Diwan, AGP for Respondent Nos. 1 and 2. CORAM: R. D. DHANUKA AND R. N. LADDHA, JJ.

DATE : 16th DECEMBER, 2021 P.C. :

1.

Rule. Ms. Diwan, learned AGP waives service on behalf of respondent Nos.1 and 2. By consent of parties, the petition is heard finally. 2.

By this petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ of mandamus directing the respondent No.2 - Education Officer to forward the pension proposal of the petitioner dated 9th April 2021 to the respondent No.1 for grant and sanction of pension in favour of the petitioner.

3.

Mr. Kadam invited our attention to the proposal dated 9th April 2021 sent by the Management to the Education Officer for release of N. S. Chitnis 1/2

14-wp.8913.2021.doc retirement dues including the payment of pension. He submitted that the said proposal, however, has not been forwarded by the respondent No.2 to the respondent No.1 for grant and sanction of pension to the petitioner. The statement made by the learned counsel for the petitioner is accepted. 4.

We, accordingly, direct the respondent No.2 to consider the said proposal annexed at Exhibit - 'A', in accordance with law, within four weeks from today and shall forward the said proposal for further process with the respondent No.1 for sanction and release of payment. The respondent No.1 shall release the payment dues of the petitioner within two weeks from the date of receipt of such proposal from the respondent No.2, without fail.

5.

Writ Petition is allowed in aforesaid terms. Rule is made absolute accordingly.

6.

Parties to act on the authenticated copy of this order. [ R. N. LADDHA, J.] [R. D. DHANUKA, J.] N. S. Chitnis 2/2