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2005 Supreme(Bom) 167

M.G.GAIKWAD, V.C.DAGA
JAYSHREE, NARAYAN MHASKE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Judgment

M. G. GAIKWAD, J.

( 1 ) RULE. By consent of parties, Rule made returnable forthwith and the petition is taken up for final hearing and decided finally.

( 2 ) PETITIONER (the widow of the deceased employee) has preferred this writ petition, challenging the action of the respondents refusing to grant family pension to her and seeking directions to grant family pension to her.

( 3 ) DECEASED Narayan Tikaram Mhaske was the husband of the petitioner and was appointed as part-time servant (i. e. Washerman) in the Primary Health centre, Kannad, on fixed pay of Rs. 30/- per month, by an order dated 1st April, 1971. Thereafter, he was taken on regular establishment by order dated 23rd june, 1983 as a Peon in Class-IV category in the pay scale of Rs. 200-3-230-5- 255-5-280. Because of his unauthorized absence from duties, a departmental enquiry was initiated against him and he was made to retire compulsorily by order dated 19th May, 1993 passed by the disciplinary authority, the respondent no. 2. His abovesaid absence was also regularised by the said order. It was also directed to accord sanction to his leave and submit a proposal of his pension. When his proposal was pending, he ex






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