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Bombay High CourtWP/5840/2018disposedoff

Rukhmini Ganesh Kale And Another v. Zilla Parishad, Buldhana, Thr. Its Chief Executive Officer And Others

2025-09-26Hon'Ble Smt. Justice M. S. Jawalkar,Hon'Ble Shri Justice Raj D. Wakode3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW ) NO. 2048 OF 2025 IN WRIT PETITION NO. 5840 OF 2018 Rukhmini wd/o Ganesh Kale and another Vs Zilla Parishad Buldhana and others.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Amit D. Bhate, counsel for applicants/petitioners. Ms. K.H. Bhondge, AGP for State.

CORAM : SMT. M. S. JAWALKAR & RAJ D. WAKODE, JJ.

DATE : 26/09/2025 1.

Heard.

2.

The present application has been filed on behalf of petitioner No.2 for deleting the name of petitioner No.1 from the cause tile.

3.

The learned counsel for the petitioners points out that petitioner No.1 expired during the pendency of this petition on 23/02/2025. A copy of death certificate is placed on record. It is further contended that petitioner No.2 is the only legal representative of petitioner No.1 and is already on record.

4.

In view of the above, learned counsel for the petitioners seeks permission of this Court to delete the name of petitioner No.1 from the cause title.

5.

For the reasons stated in the application, we allow the present civil application.

6.

The learned counsel for the petitioners to delete the name of petitioner No.1 from the cause title forthwith. Civil application is accordingly disposed of. WRIT PETITION NO. 5840 OF 2018 1.

The petitioner has approached this Court seeking directions to the respondent No.1- Zilla Parishad, Buldhana, to place the husband of the petitioner No.1 in the pay-scale of Rs. 1640-2900 from 01/10/1994 and the pay-scale of Rs. 5500-9000 from 01/01/1996, with further directions to the respondents to grant all monetary benefits, including retiral benefits and fixation of pension of the petitioner No.1.

Learned counsel for the petitioner points out the representation dated 22/03/2018, which was submitted by the petitioner No.1 - wife of the deceased employee is at page No.63 (Annexure-XII) 2.

Learned counsel for the petitioner, upon instructions, makes a statement that the grievance of the petitioner will be redressed if this Court direct the respondent No.1- Chief Executive Officer, Zilla Parishad, Buldhana to decide the aforesaid representation. However, in view of the application decided today, the name of the petitioner no.1 has been deleted, as she has expired, and

the aforesaid representation was submitted by the deceased petitioner No.1.

3.

In view of the above, we grant liberty to Petitioner No.2 to submit a fresh representation to Respondent No.1, claiming the aforesaid relief. Respondent No.1 is further directed to decide the said representation in accordance with the law within a period of four weeks from the date of its submission. This submission of representation shall be made by the petitioner No.2 within two weeks from today. 4.

In view of the above, the aforesaid writ petition is disposed of.

(RAJ D. WAKODE, J) (SMT.M.S.JAWALKAR, J)