The State Of Mah And ORS v. Sonabai Rabaji Salve

1 930.2008CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 930 OF 2018 IN WRIT PETITION NO.3204 OF 2012 The State of Maharashtra and Others .. Applicants

Versus

Sonabai Rabaji Salve .. Respondent ...

Ms. S.S. Raut, Assistant Government Pleader for applicants Mr. V.B. Jadhav, Advocate, holding for Shri V.D. Hon, Senior Advocate for respondent CORAM : SUNIL P. DESHMUKH & P.R. BORA, JJ.

Dated: January 30, 2018 PER COURT :

1.

Heard learned Counsel for parties.

2.

It appears that, under Clause 4 of order dated 16.04.2012, direction came to be issued to respondent no.1 considering that pension proposal of petitioner (respondent herein) was pending.

3.

Learned AGP points out that, as a matter of fact, Government has already decided and communicated order upon claim of respondent on 26.07.2007 to Rahuri Taluka Civil Seva

2 930.2008CA.doc Nivruttachi Sanghatana, in which, husband of petitioner (respondent herein) had been a member. Communication had also been forwarded to Executive Engineer under letter dated 04.09.2007.

4.

In the circumstances, it appears that, petition has been filed under erroneous assumption of having not taken any decision in respect of claim of respondent. Learned Counsel for respondent submits that, respondent sole is an age old, illiterate, rural lady and had not been aware of aforesaid and in circumstances, petition had been moved.

5.

In view of aforesaid circumstances, direction under clause 4 of order dated 16.04.2012 is rendered redundant and, as such, is recalled.

6.

Civil Application accordingly is allowed and is disposed of.

( P.R. BORA ) ( SUNIL P. DESHMUKH ) JUDGE JUDGE ggpunde