Bombay High Court
Manohar S/O Nilkanth Dehikar vs State Of Maharashtra & 3 Others on 13 June, 2017
Bench: Ravi K. Deshpande
wp.2741.00
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.2741/2000
* Manohar s/o Nilkanth Dehikar
Aged about 70 years, occu: Nil
R/o Narendra Nagar,
Behind Police Chowki, Nagpur-15. ..PETITIONER.
VERSUS
1) State of Maharashtra
Animal Husbandry, Dairy Development
& Fisheries Department,
Mantralaya, Mumbai-32
Through its Secretary.
2) Dairy Development Commissioner,
Maharashtra State, Mumbai.
3) The Regional Dairy Development Officer,
Near G.P.O. Nagpur.
4) The Special Judge,
Latur. ..RESPONDENTS
.
...................................................................................................................
None for the petitioner
Shri N.S.Rao, Assistant Government Pleader for respondent nos.1 & 3
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CORAM : R.K. DESHPANDE &
MRS.SWAPNA JOSHI, JJ.
DATED : 13 th
June, 2017
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ORAL JUDGMENT: (Per R.K.DESHPANDE, J.)
Original Application No.1029/1994 filed by the petitioner
before the Maharashtra Administrative Tribunal, Nagpur claiming all
retiral benefits, was dismissed on 24th April, 2000. This is the order
which is the subject-matter of challenge in this petition.
2. The petitioner was working as a Stores Officer and during
his service between 08.07.1981 and 16.12.1982 at Udgir, it is alleged
by the respondents that the act of misappropriation was committed. The
petitioner attained the age of superannuation on 31.03.1988 and was,
accordingly, out of employment, upon his superannuation. Special Case
No.3/1991 was pending in the Court of District and Sessions Judge,
Latur, at the instance of Anti Corruption Bureau. The petitioner was paid
the provisional pension.
3. During the pendency of this petition, the petitioner expired
on 20.08.2008. It is informed by Shri Rao, the learned Assistant
Government Pleader that Office of the Government Pleader has received
an application for bringing the legal representatives of the petitioner on
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record, said to have been filed some time in the month of October, 2008.
The copy served upon him was tendered before us, today. We do not
know whether actually such an application is filed or not, as it is not
annexed in the record of this petition.
4. Be that as it may, the learned Assistant Government Pleader
has produced before us the order dated 30th August, 2010 dropping the
departmental proceedings against the petitioner, who expired. Similarly,
our attention is also invited to the communication dated 8th November,
2010 by the Divisional Dairy Development Officer, Nagpur informing
that the pension case is required to be finalised. It appears that the
gratuity of Rs. 52,800/- was also paid to the legal representatives of the
deceased-petitioner and a succession certificate obtained in Succession
Case No.18/2013 dated 20.04.2015 is also produced before us, showing
that the legal representatives are held to receive the amount of gratuity
of Rs. 77,798/-. Similarly, upon instructions, Shri Rao, the learned A.G.P.
further states that all retiral benefits have been paid to the legal heirs of
the petitioner.
5. In view of the above, the Petition has become infructious. The
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same is, therefore, dismissed as such.
JUDGE JUDGE
sahare
