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Bombay High CourtWP/8120/2019disposed off

Suvarna Krishna Pandit v. The State Of Maharashtra And Others

2023-12-07Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade3 pages

2023:BHC-AUG:25887-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 WRIT PETITION NO.8120 OF 2019 SUVARNA KRISHNA PANDIT

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Ms Anagha Pedgaonkar, Advocate h/f Mr G. K. Kshirsagar, Advocate for Petitioner;

Mr S. K. Tambe, A.G.P. for Respondent Nos.1 to 3 Mr A. N. Kakade, Advocate for Respondent Nos.4 & 5 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 7th December, 2023 PER COURT:

1.

On 06/11/2023, we had passed the following order :- "1.

The husband of the Petitioner passed away on 31.01.2013. She filed an application for compassionate appointment on 20.06.2013. A corrected application as per the directions of the Respondent, was filed on 10.01.2016. She is 39 years of age today.

2.

Let the Petitioner file an affidavit undertaking showing the total amount towards service benefits received by her after the demise of her husband and the gross pension payable to her as on date. Such affidavit shall be filed on or before 01.12.2023.

3.

Stand over to 07.12.2023 in the "Urgent Orders Category".

(2) 2.

The learned Advocate for the Petitioner has tendered the additional affidavit of the Petitioner herself. It is mentioned that, after the death of her husband on 31/01/2013, the Petitioner received gratuity of Rs.2,43,000/- and Rs.63,000/- towards Provident Fund accumulation. Presently she is receiving Rs.22,194/- as monthly family pension pension. She has two minor daughters.

3.

The learned Advocate representing Respondent Nos.4 and 5 relies on the affidavit-in-reply filed by Shri. Anjiram Vishwanathrao Jagtap, Headmaster of the School, dated 01/12/2022. He points out paragraph Nos.5, 6 and 7 and submits that, presently there is no post available. The Petitioner has acquired qualification of B.Ed. The Management has stated in paragraph No.7 that, the proposal of the Petitioner can be considered and the same would be submitted to the Education Officer, along with requisite documents.

4.

In the peculiar facts and circumstances of this case, wherein the Management has made a statement, this Writ Petition is disposed off, permitting Respondents/ Management to

(3) earmark a post for the Petitioner as an when it is available, and forward the proposal with the requisite documents to the Education Officer, for approval.

5.

As this order is passed in the peculiar circumstances, the same shall not be cited as a precedent.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk