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Bombay High CourtMPT/126/2015disposed off

Rahul Ajay Khushale And Pooja Ajay Khushale v. Ajay Kisan Khushale (Deceased)

2016-02-09Hon'Ble Shri Justice A. K. Menon2 pages

*1* 916.mpt-126.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION MISC. PETITION NO.126 OF 2015 Rahul Ajay Khushale & Anr.

...Petitioners

V/s.

Ajay Kisan Khushale ...Deceased ............

Mr. Prabhu Velar for the Petitioners.

...........

CORAM : A. K. MENON, J.

DATE : 9TH FEBRUARY, 2016.

P.C.:

Vide order dated 22nd January, 2016 the Petition came to be accepted and proclamation was dispensed with. The deceased was employed with State of Maharashtra in the Industries, Energy and Labour Department. The first petitioner seeks employment on compassionate grounds. Amongst the petitioners who are both children of the deceased, it is agreed that the pension benefit due to the deceased will be paid over to the second petitioner Pooja Ajay Khushale as seen from the averment in paragraph 11 of the Petition.

2] The copies of the death certificates of the deceased, his parents, the widow and pre-deceased son Kiran are all annexed as Exhibit A, A-1, A-2, A-3 and A-4 respectively. The petitioners rely upon a letter

*2* 916.mpt-126.15.doc dated 22nd May, 2015 from the Industries, Energy and Labour Department addressed to the petitioner calling upon him to produce a certificate of legal representation.

4] Having considered the facts, the Petition is made absolute in terms of prayer clause (a) subject to condition that the benefit of pension shall be paid over to petitioner no.2.

(A. K. MENON, J.) wadhwa