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2004 Supreme(Bom) 859

D.D.SINHA, B.P.DHARMADHIKARI
Laxmibai Shripat Kumar – Appellant
Versus
Chief Executive Officer, Zilla Parishad & others – Respondent


JUDGMENT - DHARMADHIKARI B.P., J.:-Heard Shri Kalbande, learned Counsel for the petitioner, Shri Thakre, learned Counsel for respondents Nos. 1 2 and Smt. Dangre, learned A.G.P. for respondent 2.

2. Rule. Rule is made returnable forthwith by consent of the parties, in view of order dated 30-1-2004.

3. By this petition, the petitioner, the widow of deceased Shripat Zita Kumare, is seeking relief of grant of full pension to her from the date of death of Smt. Nirmala i.e. 21-1-2001, the other widow of Shripat Zita Kumare and a further relief of declaration that the act of respondents in reducing amount of family pension from Rs. 1,760/- to Rs. 643/- per month from July, 2001 is bad in law.

4. The brief facts are :

The petitioner, according to her, is the first wife of deceased Shripat Zita Kumare and her husband was working as Primary Teacher in Primary School run by Zilla Parishad, Nagpur at Pusda under the Panchayat Samiti, Ramtek. He expired after retirement from service on 13-9-1991 at Devlapar due to old age. She further contends that during the subsistence of her marriage with the deceased Shripat Zita Kumare, Shirpat had kept another woman viz., Smt. Nirmala and said Nirmala w














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