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Bombay High CourtWP/3354/2018disposed offdismissed for default

Sakharbai Shankar Kale v. The State Of Maharashtra And Others

2019-08-21Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil2 pages

(1) 5-wp-3354-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 WRIT PETITION NO.3354 OF 2018 SAKHARBAI SHANKAR KALE ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. S. A. Dhengle and Mr. Babasaheb A. Dhengle, Advocates for the Petitioner.

Mr. K. N. Lokhande, AGP for Respondents-State. ...

CORAM : S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATED : 21st AUGUST, 2019.

PER COURT:- 1.

The learned counsel for the petitioner submits that the petitioner is entitled for the family pension. The retiral benefits were not paid to the deceased-husband of the petitioner. The deceased-husband of the petitioner worked for 15 years with respondent nos.3 and 4.

Many applications are given by the petitioner.

2.

We have heard learned A.G.P.

3.

The learned counsel on instructions submits that the applications are not received by respondent nos.3 and 4 from the petitioner. There does not appear to be any record showing that the petitioner has worked with respondent nos.3 and 4.

(2) 5-wp-3354-2018 4.

Be that as it may, the petitioner may file fresh application with respondent nos.3 and 4 for grant of benefit as claimed by the petitioner. The respondent nos.3 and 4 on receipt of the application shall verify from the record as to whether the deceased-husband of the petitioner was in their service and if so, the nature of service and take decision upon the application of the petitioner on its own merits within a period of four (04) months.

5.

Writ Petition is disposed of. No costs.

(MANGESH S. PATIL) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/August-19