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2020 Supreme(Bom) 441

S.S.SHINDE, V.G.BISHT
Mukund Marutirao Jagtap – Appellant
Versus
Superintendent, Pay & Provident Fund Unit – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Vivek V Salunke
For the Respondent: Mr. P.G. Sawant, Adv.

JUDGMENT :

S.S. SHINDE, J

1. Rule. Rule made returnable forthwith and by consent of the learned counsel for the parties heard finally.

2. The Petitioner by this Petition filed under Article 226 of the Constitution of India challenges the order/letter dated 14/07/2017 passed/issued by Respondent No.2 herein to Respondent No.3 whereby the proposal for grant of family pension in respect of the deceased wife of the Petitioner came to be rejected. The Petitioner seeks further direction to the Respondents to grant the pensionary and incidental benefits to the present Petitioner by holding that the deceased wife of the Petitioner is entitled for grant of pension.

3. The relevant facts leading for filing the Petition as disclosed in the Petition are as under :

    The wife of present Petitioner Pramila Mukund Jagtap expired on 08/02/2014. She is survived by her husband i.e. present Petitioner and two daughters. She was appointed as part time librarian at New English School, Mandaki Taluka Purandar, District Pune from 17/09/1996 to 30/04/1997. The said appointment was continued from 09/06/1997 to 30/04/1998. The total period of said service as part time librarian was 1 year, 6 months and 4 days, how

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