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Bombay High CourtWP/5658/2014disposed offdismissed for default

Lilabai Jagannath Chaudhari v. The Union Of India And Another

2015-07-08Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.K. Jadhav2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5658 OF 2014 LILABAI JAGANNATH CHAUDHARI

VERSUS

THE UNION OF INDIA AND ANOTHER ...

Advocate for Petitioner : Mr. Bhokarikar Madhav M Standing counsel for Respondent No.1: Mr. R.S. Bagul Advocate for Respondent No.2 : Mr. M.N. Navandar .....

CORAM : S. V. GANGAPURWALA AND V. K. JADHAV, JJ.

DATED : 8th JULY, 2015 P.C. :- 1.

We have heard Mr. Bhokarikar, the learned counsel for the petitioner. Learned counsel for the petitioner submits that son of the petitioner, late Shashikant was serving as permanent employee with the respondents. While on duty, son of the petitioner died. Learned counsel submits that death of late Shashikant was caused during the course of employment and the petitioner, being mother of late Shashikant, is entitled for monetary benefits. Learned counsel submits that the petitioner has complied all formalities of the office of respondents. However, no response is given by the respondents. Learned counsel submits that after filing of present writ petition, paltry amount is paid to the petitioner.

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Mr. Navandar, the learned counsel for respondent No.2 submits that total length of service of deceased son of the petitioner was 9 months and 9 days and the petitioner is not entitled for any pensionary benefits. As per the entitlement, the respondents have paid an amount of Rs.5,39,988.00. The pensionary benefits are granted on 1.1.1998 and the petitioner is getting pension from 1.1.1998.

3.

It appears that the respondents have processed the papers as per the legal provisions and Rules and have paid an amount of Rs.5,39,988.00. The copies of pension papers are also annexed with the affidavit in reply. The said amount is received by the petitioner is not disputed fact. Considering the aforesaid aspects of the matter, no error has been committed by the respondents in payment of total pension amount. In the light of above, writ petition is disposed of. No costs.

( V. K. JADHAV, J.) ( S. V. GANGAPURWALA, J. ) rlj/