Smt. Uma Wd/O Shankar Wadewale v. The Union Of India Thr. Commissioner, The Employees Provident Fund, Nagpur

2-wp-5202-161/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 5202 OF 2016 PETITIONER :- Smt.Uma Shankar Wadewale, aged Adult, Occup. Household, R/o C/o Mohansingh Chauhan, Behind Ram Bhandar, Badkas Chowk, Mahal, Nagpur.

...VERSUS...

RESPONDENT :- The Union of India through the Commissioner, The Employees Provident Fund, Regional Provident Fund Office, having its office at Umred Road, Shambagh, Nagpur.

-------------------------------------------------------------------------------------------- Mr.R.R.Gaur, counsel for the petitioner.

Mr.H.N.Verma, counsel for the respondent --------------------------------------------------------------------------------------------- CORAM : SUNIL B.SHUKRE & ANIL S.KILOR, JJ.

DATE : 30.09 .20 .

O R A L J U D G M E N T (Per :Sunil B.Shukre, J.) 1.

Heard.

2.

Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties. Kavita

2-wp-5202-162/2 3.

The petitioner is now armed with decree of the Civil Court declaring that her husband Shankar G. Wadewale, has met with civil death and that the petitioner Umabai is the wife of Shankar G. Wadewale. This decree passed by the Civil Court would enable the petitioner to make an appropriate application to the respondent for grant of pension and other retiral benefits in accordance with law.

4.

Learned counsel for the petitioner submits that the petitioner would now make a suitable application to the respondent in this regard. In view of above, we grant liberty to the petitioner to file an application before the respondent seeking retiral benefits of her deceased husband and if such an application is filed along with necessary documents, same shall be decided in accordance with law within 30 days from the receipt of the complete application.

5.

The Writ Petition is partly allowed in these terms. Rule accordingly. No costs.

(ANIL S. KILOR,J) (SUNIL B. SHUKRE,J) Kavita