Usha Premdas Pawar v. The State Of Maharashtra And Others

935wp15374.17

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 935 WRIT PETITION NO.15374 OF 2017 USHA PREMDAS PAWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr.Ingole Govind Rangrao AGP for RespondentNo. 1-State : Mr.A.S.Shinde Advocate for Respondent Nio. 2 : Mr.Chavan Sudhir K. ...

CORAM : MANGESH S. PATIL & SANDEEP V. MARNE, JJ.

DATE : 21.09.2022.

PER COURT : (PER- SANDEEP V. MARNE, J.) 1.

By the present petition, the petitioner seeks a direction to pay the salary from August, 2004 to August, 2008. the petition is filed on 27.11.2017 i.e. after lapse of period of long 9 months. Furthermore, the petition is filed by the wife of the deceased employee who expired on 16.12.2009. During the life time the employee did not file any proceedings for the payment of salary. We therefore, find that the petition suffers from delay and latches. Even otherwise, by order dated 27.09.2008 an approval was granted to the appointment of the deceased employee from 10.03.2008. Thus, even on merits, no case is made out for the payment of salary during August, 2004 to August 2008.

935wp15374.17 2.

Therefore, due to delay and latches the petition deserves to be dismissed and the same is accordingly dismissed without any order as to the costs.

( SANDEEP V. MARNE ) ( MANGESH S. PATIL ) JUDGE JUDGE mahajansb/