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Bombay High CourtRA/51/2021disposed off

The Superintending Public Works Department And Another v. Shaikh Jabbar Shaikh Husain Died Thr His Lrs Shejeda Begam Shaikh Jabbar

2021-09-29Hon'Ble Shri Justice R. G. Avachat2 pages

53-RA.51-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION (CIVIL) NO.51 OF 2021 IN WP/8983/2019 THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT AND ANOTHER

VERSUS

SHAIKH JABBAR SHAIKH HUSAIN, DIED, THROUGH HIS LRS SHEJEDA BEGAM SHAIKH JABBAR ---- Mr.N.T.Tribhuwan, Advocate for applicants Mr.R.K.Khandelwal, Advocate for respondent nos.1A to 1E ---- CORAM : R.G. AVACHAT, J.

DATE : SEPTEMBER 29, 2021 ORDER :- Heard.

2.

The Writ Petition was decided considering the fact that the amount that would be payable to the deceased was not more than Rs.One Lakh. That time, it was on the mind of the Court that the deceased would not be entitled for any other benefits such as, time bound promotion, etc. and consequential benefits. In view of this Court, the deceased was entitled only for monetary benefits that are paid for the post of Driver but not the pay-scale. 3.

The petitioners, after having worked out the due amount, has deposited the same in this Court. Learned counsel for the

53-RA.51-2021 respondents urged to pay the said amount to the widow of the deceased alone.

4.

In view of the above, the amount be paid to the widow of the deceased. The Criminal (ULP) No.5 of 2018 filed by the present respondents, pending before the Labour Court at Jalna, shall stand disposed of.

5.

In view of the above, the Review Application would not survive and stands disposed of.

[R.G. AVACHAT, J.] KBP