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Bombay High CourtWP/3141/2022disposed off

Kaushalya W/O Santoshkumar Sharma v. Municipal Council, Kamptee, Thr. Its Chief Officer And Others

2024-01-25Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice Abhay J. Mantri1 pages

2024:BHC-NAG:1067-DB 1 17-wp 3141.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3141 OF 2022 ( Mrs. Kaushalya w/o Santoshkumar Sharma vs. Municipal Council and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. V.S.Mishra, Advocate for the petitioner.

Mr. M.I.Dhatrak, Advocate for respondent No.2 Mr. A.A.Madiwale, AGP for respondent No.3.

CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ.

ATE : JANUARY 25 , 2024 It is the case of the petitioner that she was appointed on 30/08/1986 on daily wages, whereas her services were regularized on 04/02/2019 with the respondent Municipal Council.

2) The petitioner claims that she is likely to be superannuated in 2025 and there is likelyhood that she might be held not entitled for pensionary benefits.

3) In the aforesaid background, we deem it appropriate to dispose of the petition with a direction to the respondent employer to deal with the claim of the petitioner making her admissible for service benefits in accordance with law, after taking into account the law laid down by this Court in Writ Petition No.3388 of 2020 (Bhaurao Maroti Pendare vs. Municipal Council, Warora) decided on 08/02/2022 and other similar matter in Writ Petition No.4265 of 2016 (Punjabrao Sadashivrao Alone vs. Chief Officer, Nagar Parishad Narkhed and another) decided on 12/02/2019. 4) The writ petition stands disposed of in above terms.

( ABHAY J. MANTRI, J. ) ( NITIN W. SAMBRE, J. ) KOLHE