Khajamiyan Naesab Shaikh v. The State Of Maharashtra Through Tis Secretary And Others

2025:BHC-AUG:1170-DB 587.25wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 WRIT PETITION NO. 587 OF 2025 KHAJAMIYAN NANESAB SHAIKH

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....

Mr G. J. Karne, Advocate for petitioner Mr A. V. Lavte, A.G.P. for respondent No.1 Mr S. B. Pulkundwar, Advocate for respondent Nos.2 to 4 CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ.

DATE : 14th January, 2025 PER COURT:

1.

The petitioner is coming with following prayer clauses :- B) By issuing appropriate writ, order or direction in the like nature, to direct the respondent to include the name of the petitioner as a nominee in the service book of the wife of the petitioner and hold and declared that the petitioner is entitled for all the retiral benefits of his wife.

C) By issuing appropriate writ, order or direction in the like nature, respondent may kindly be directed to decide the representation dated 25.06.2024 and 22.07.2024 filed by the petitioner for his grievance forthwith."

587.25wp (2) 2.

We have heard the learned advocate for the petitioner. On our query to the right of the petitioner to seek the aforementioned relief, we are addressed with an emotional situation whereby the wife's request of a similar kind was considered by this Court in Writ Petition No.4943/2016 vide the order dated 28/06/2016 and wife's name was included as a nominee of her husband.

3.

Independently, the petitioner, as a husband, in our considered view cannot seek a writ of mandamus for including his name as a nominee of his wife.

4.

The writ petition is dismissed.

(PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) sjk