Savita Prakash Mhaske v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.293 OF 2022 Savita Prakash Mhaske Age: 42 years, Occu.: Service, R/o. Viduthnagar "Pushpakunj"

Ambad Road, Jalna, Dist. Jalna ..Petitioner

Versus

1.

The State of Maharashtra, Through its Secretary, Rural Development Department Government of Maharashtra Mantralaya, Mumbai-32.

2.

The Chief Executive Officer, Zilla Parishad, Jalna 3.

The Education Officer (Primary) Z.P. Jalna.

4.

The Head Master, Zilla Parishad High School, Badnapur, Tal. Badnapur, Dist. Jalna.

..Respondents ...

Mr. D. R. Irale Patil, Advocate for the Petitioner. Mr. S. K. Tambe, AGP for Respondent No.1.

Mr. V. G. Deshmukh h/f Mr. S. S. Tope, Advocate for Respondent Nos.2, 3 and 4.

...

CORAM : R. D. DHANUKA & S. G. MEHARE, JJ.

DATED : 15th MARCH, 2022.

ORAL JUDGMENT (Per R. D. Dhanuka, J.):- 1.

Rule. Rule is made returnable forthwith.

2.

Mr. Tambe, learned A.G.P. for respondent no.1 waives notice. Mr. Deshmukh, learned counsel for respondent nos.2 to 4 waives notice.

(2) 3.

By this petition filed under Article 226 of the Constitution of India, the petitioner seeks Writ of Mandamus against respondent nos.2 to 4 to decide the pending proposal submitted on 12.04.2021 and 09.06.2021 and grant benefit of family pension and other benefits mentioned in prayer Clause (B) of the petition.

4.

The learned counsel for respondent nos.2 to 4 on instructions states that, the said application would be decided by respondent no.2 within a period of four (04) weeks from today in accordance with law. The statement made by learned counsel for respondent nos.2 to 4 is accepted. 5.

The respondent no.2 shall pass an appropriate order in accordance with law within a period of four (04) weeks on the said proposal and shall communicate the order that would be passed to the petitioner within a period of one (01) week from the date of passing of order. If the proposal is decided in favour of the petitioner, all consequential benefits including the family pension and benefit of Death Gratuity shall be paid to the petitioner within a period of four (04) weeks thereafter.

6.

Writ Petition is allowed in the aforesaid terms.

7.

Rule is made absolute accordingly. No Order as to costs.

(3) 8.

Parties to act on authentic copy of this order.

(S. G. MEHARE) (R. D. DHANUKA) JUDGE JUDGE Devendra/March-2022