JUDGMENT :

Vibha Kankanwadi, J.

1. Petitioner is son of deceased Laxman Narsayya Pusollu, who died in harness in service with Respondent No.5 – Municipal Council, Hadgaon on 20.2.2016. Deceased Laxman was initially a daily wage earner on the post of Kamathi in Sanitary Division of Respondent No.5 from 17.2.1992 to 30.10.2001. Thereafter, he was appointed on the sanctioned regular post of Class-IV employee in regular pay-scale of 5th Pay Commission by Respondent No.5. The said post was converted/recreated under the provisions of Section 76(1)(2) of Maharashtra Municipal Councils, Nagarpanchayats and Industrial Township Act, 1965 (herein after referred as MM Act). The appointment of Laxman on the regular post was from 1.11.2001 by order dated 23.10.2001 issued by Respondent No.3 – Divisional Commissioner, Aurangabad Division, Aurangabad. Thereafter Laxman was confirmed as Class-IV employee and he was awarded time-bound pay-scale in the promotional grade after completion of 12 years of service on 1.11.2013. The order of fixation of pay after grant of time-bound payscale has been passed by Respondent No.5. Due to sudden death of Laxman the only bread-earner of the family has gone and the