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2022 Supreme(Bom) 1686

VIBHA KANKANWADI, Y. G. KHOBRAGADE
Bharti wd/o Gorakhnath Gaikwad – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vijay V. Deshmukh, Advocate
For the Respondent:Mr. A. R. Kale, Mr. U. B. Bondar, Advocate

JUDGMENT :

Y.G. Khobragade, J.

1. Rule, made returnable forthwith. With consent of the parties, the petition is finally heard at the admission stage, as the petitioner only prayed for issuance of directions against respondent No.4-District Health Officer, Zillla Parishad, Latur for forwarding proposal in regard to her family pension.

2. The petitioner has invoked jurisdiction of this Court under Articles 226 and 227 of the Constitution of India and claimed that she is widow of deceased Shri Gorakhnath Jalbaji Gaikwad who was working as District Extension & Media Officer with Respondent Nos. 3 and 4. Her husband superannuated on 28.02.1995 and died on 08.04.2019. However, her deceased husband had recorded name of his second wife namely Sudharna Gorakhnath Gaikwad being dependent in his service book. The second wife of her husband Sudharna expired on 14.08.2017. But name of the petitioner was not recorded in the service book by her husband being dependent. Therefore the petitioner filed Regular Civil Suit No. 76 of 2019 before the learned Civil Judge, Senior Division Latur and prayed for decree of declaration. However, during pendency of the said suit, her husband died and thereafter a

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