Smt. Rekha Baburao Khandare v. The State Of Maharashtra, Thr. Principal Secretary, Rural Development Dept., Mumbai And Others

2024:BHC-NAG:6789-DB 1 44-wp 1774.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1774 OF 2024 ( Smt. Rekha Baburao Khandare vs. The State of Maharashtra 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.Kaustubh Topale, Advocate for the petitioner. Mr.D.P.Thakre, Additional Government Pleader for respondent Nos.1 and 2.

Ms.Sonali Sawre-Gadhwe, Advocate for respondent Nos.3 and 4. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ.

ATE : JULY 01 , 2024 In view of the recent Judgment delivered by the Full Bench of this Court(Nagpur Bench) in Writ Petition No.3701/2022 and other connected petitions (Kalpana wd/o. Vilas Taram and another vs. The State of Maharashtra and others) decided on 28/05/2024, substitution of the name of another legal heir of the deceased employee is held to be permissible. That being so, we are of the view that the communication dated 19/01/2024 warrants reconsideration. 2) We direct the respondent Chief Executive Officer, Zilla Parishad, Yavatmal to reconsider the claim of the petitioner in the light of the recent verdict of the Full Bench referred hereinabove.

3) The petition stands partly allowed in the above terms. We direct the respondent employer to take decision pursuant to the aforesaid direction within a period of four weeks from today and communicate the result forthwith thereafter.

4) The petitioner is at liberty to approach this Court in case cause of action arises.

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