Sk Vajirabee Sk Afsar v. The State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.11180 OF 2016 IN WRIT PETITION NO.3335 OF 2011 Sk.Vajirabee W/o Sk.Afsar Vs. The State of Maharashtra and others WITH WRIT PETITION NO.2109 of 2011 WITH C.A.NO.3655 OF 2015 IN W.P.NO.2109 OF 2011 WITH C.A.NO.3653 OF 2015 IN WRIT PETITION NO.3335 OF 2011.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.B.A.Darak, advocate for the applicants/petitioners. Mr.S.P.Sonpawale, A.G.P. for the State.

Mr.G.N.Patil, advocate for Respondent Nos.2 to 4 in W.P.No.2109/2011.

CORAM : S.V.GANGAPURWALA AND K.L.WADANE,JJ.

Date : 19.08.2016.

PER COURT :

1.

Heard.

2.

Mr.Darak, learned counsel for the petitioners submits that the petitioners are the widows of the employees of Respondent Nos.2 to 4. They are entitled for family pension.

3.

We have heard learned counsel for the Respondents and learned A.G.P.

4.

Mr.Darak, learned counsel points out that the order is passed by the Division Bench of this Court in similarly situated persons in W.P.No.805 and W.P.No.836/2010, this Court disposed of the said Writ Petitions vide order dated 1.9.2015, directing the Respondent Nos.2 to 4 to process the pension papers and directing the State Government to consider the same and take final decision. 5.

In light of the above, we adopt the same recourse. a) Considering the above petitions, we direct Respondent Nos.2 to 4 to process the pension files of the petitioners forthwith and forward the proposal to the State Government for further consideration and final decision. That be done expeditiously and in any case, within four (4) weeks from today. The State Government, after receipt of the proposal from Respondent Nos.2 to 4 shall pass final orders thereon at the earliest and in any case, not later than three (3) months from the date of receipt of such proposal. The Respondents shall file compliance report in the Registry of this Court.

b) All issues are kept open to be decided by the State Government on its own merit in accordance with law. Accordingly, both the petitions are disposed of in above terms. Rule disposed of. No order as to costs.

c) In view of disposal of Writ Petitions, the Civil Applications also stand disposed of.

(K.L.WADANE,J.) (S.V.GANGAPURWALA,J.) Dt.19.08.2016.

asp/office/Ca11180.16