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2022 Supreme(Bom) 23

S. J. KATHAWALLA, MILIND N. JADHAV
Shamal Mahadeo Tate – Appellant
Versus
District Collector, Solapur, Zilla Parishad Compound – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ashok B. Tajane, Advocate
For the Respondent: Mr. S.S. Panchpor, Mr. Drupad S. Patil, adv

JUDGMENT

S. J. Kathawalla & Milind N. Jadhav, JJ.

1. By the present petition, the Petitioner has prayed for the following reliefs:

“b) The impugned order dated 12.04.2017 passed by Respondent No. 3 being Exhibit M to the present Writ Petition and the impugned order passed by Respondent No. 2 dated 27.06.2017 being Exhibit Q to the present Writ Petition be quashed and set aside.

c) The Application of the Petitioner for grant of Family Pension dated 16.05.2008, 19.03.2013, 11.04.2014 and 07.01.2015 be allowed and the Petitioner be granted the Family Pension alongwith the arrears from 15.12.2005.”

2 . Petitioner claims to be the second wife of one Shri. Mahadeo Narayan Tate (hereinafter referred to as “the deceased”), who was working as a peon in the office of the District Collector, Solapur. The deceased had married Smt. Parvatibai (hereinafter referred to as “the first wife”) on 13.06.1962. The Petitioner claims that since the deceased had no children with his first wife, the deceased married the Petitioner on 17.05.1974. Admittedly, the deceased and the Petitioner lived together from April 1974 onwards till the deceased’s death and were known to the public at large in the society as hus

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