Smt. Nirmala W/O. Ramesh Nagdive v. The State Of Maharashtra, Through Its Secretary, Dept. Of Finance, Audit And Accounts And Others

1 1804wp3945.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETTION NO.3945 OF 2015.

Smt.Nirmala w/o Ramesh Nagdive ..vs.. The State of mah. & ors. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Amol Mardikar, Advocate for the petitioner. Mr.N.R.Rao, AGP for respondent nos.1 and 2.

CORAM : B.P.DHARMADHIKARI AND P.N.DESHMUKH, JJ.

DATED : APRIL 18, 2016.

Mother of deceased son claims family pension. Respondents nos.1 and 2 have not released it though respondent no.3 - Education Officer has approved grant of the same.

Petition does not show that petitioner is not dependent on her husband or then her husband is avoiding to maintain her. There is no document on record like voters list or ration card to show that petitioner is not staying with her husband.

Admittedly, husband is not claiming to be dependent on deceased son.

In this situation, without observing anything on merits, we direct respondent no.3 - Education Officer to provide an opportunity of hearing to petitioner, to verify records and to take fresh decision on her entitlement to pension or otherwise.

Petitioner shall appear before respondent no.3 on 17th of May, 2016 and respondent no.3 shall complete the verification within next two months.

The outcome of such verification shall then be

2 1804wp3945.15.odt forwarded to respondent no.2 for its further processing. With these observations, writ petition is disposed of. No costs.

JUDGE JUDGE Chute.