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2024 Supreme(Bom) 232

VIBHA KANKANWADI, S. G. CHAPALGAONKAR
Tilottama W/o Sharad Bansi – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.B. Solanke.
For the Respondents: S.K. Shirse, M.S. Sonawane, A.G. Talhar, Vinod P. Patil.

JUDGMENT :

VIBHA KANKANWADI, J.

1. Rule. Rule made returnable forthwith. Heard learned counsel appearing for the respective parties finally, by consent.

2. Present Writ Petition has been filed for following relief:

    “(B) By issuing a writ of mandamus or any other writ, order in the like nature, this Hon’ble Court may be pleased to direct the respondent Nos. 2 to 5 to pay the pension and pensionary benefits including gratuity, leave encashment and other benefits to the petitioner, within stipulated period and for that purpose issue necessary orders.”

3. The factual matrix leading to the Petition are that the husband of the petitioner, Sharad Ramlal Bansi was working as an assistant teacher with respondent No. 5 school as permanent employee. Sharad died on 26th September 2020 at Gold City Hospital, Jalgaon due to Covid-19. After demise of her husband, the petitioner had filed applications to respondent No. 3 for payment of gratuity and other benefits and also with the prayer to start the pension in her favour. However, no action has been taken by respondent Nos. 2 to 5. The petitioner had filed Civil Misc. Application No. 585 of 2020 before the Civil Judge, Junior Division, Dhule for issua

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