Vimal Kalyan Kale v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10155 OF 2017 Vimal Kalyan Kale .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Dr. Swapnil Tawshikar, Advocate h/f Shri A. S. Pavse, Advocate for the Petitioner.

Mrs. Vaishali N. Patil-Jadhav, A.G.P. for Respondent Nos. 1 to 4. CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 07TH FEBRUARY, 2018.

FINAL ORDER :

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The petitioner had applied for financial aid on account of death of the husband of the petitioner, as according to the petitioner the cause of death was suicidal. According to the petitioner, the Taluka Level Committee concluded that the petitioner is entitled for financial aid, however, the District Level Committee held that the petitioner is ineligible for financial aid on the ground that no poison was found. As far as cause of death is concerned it is mentioned in the postmortem report that, opinion reserved pending for chemical analysis report in a clinical case of unknown poisoning.

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We have heard the learned counsel for the petitioner and the learned Assistant Government Pleader for respondents. 3.

On the last date, we had directed the learned A. G. P. to get the opinion of the doctor with regard to cause of death of husband of the petitioner. The learned A. G. P. has placed on record the final cause of death certificate, which states that, the death is caused due to organophosphorus compound poisoning. 4.

Considering the final cause of death certificate on record, we direct the District Level Committee to reconsider the case of the petitioner for grant of financial aid on account of death of her husband Kalyan Balu Kale afresh. The same be considered and decision be taken upon it expeditiously and preferably within a period of two (02) months from today. The writ petition is accordingly disposed of. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/Feb. 18