Bombay High Court
Ramesh Hari Boharupi And Others vs The State Of Maharashtra, Thr. Its ... on 30 September, 2022
Bench: S.B. Shukre, G. A. Sanap
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.4797 OF 2018
1. Ramesh Hari Boharupi,
Aged 54 yrs., Occ.-Service
r/o Plot No.12-B, Manish
Nagar, Nagpur
2. Anand Jairam Kelwade, Deceased
aged 40 yrs., Occ.-Service
r/o Nehru Nagar,
Parshioni, Tal. Parshioni,
Dist. Nagpur
1) Smt. Sangita wd/o Anandrao Kelwade, aged
Amended as per
Hon'ble Court order
39 yrs., Occu.-Household, r/o Nehru Nagar,
dated 30.09.2022 Parshioni, Tal. Parshioni, Dist.- Nagpur
2) Ku. Chanchal d/o Anandrao Kelwade, aged
19 yrs., Occu.- student, r/o Nehru Naar,
Parshioni, Tal. Parshioni, Dist.- Nagpur
3) Sahil s/o Anandrao Kelwade, aged 15 yrs.
Occu.- Student, minor through natural
guardian, mother Smt. Sangita wd/o
Anandrao Kelwade, aged 39 yrs. Occu.-
Household, r/o Nehru Nagar, Parshioni, Tal.
Parshioni, Dist. Nagpur
3. Sarvoday Shikshan Mandal,
Parshioni, through its Secretary,
Deepak Kesarimal Paliwal,
aged 64 yrs., office at Kesarimal
Paliwal Vidyalaya, Parshioni, Tal.
Parshioni, Dist. Nagpur
4. Kesarimal Paliwal Vidyalaya,
Parshioni through its Head Master,
Bhimrao Keshavrao Telang, aged 58 yrs.
Parshioni, Tal. Parshioni, Dist. Nagpur
... PETITIONERS
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2
...VERSUS...
1. The State of Maharashtra, through its
Secretary, Department of School
Education, Mantralaya, Mumbai-32
2. The Deputy Director of Education,
State of Maharashtra, Nagpur
Division, office at Balbharati,
Opp. Dhantoli Garden,
Dhantoli, Nagpur
3. The Education Officer (Secondary),
Zilla Parishad, Nagpur .....RESPONDENTS
___________________________________________________
Shri B.G. Kulkarni, Advocate for the petitioners.
Ms. Ketki Joshi, AGP for the respondent Nos.1 to 3,.
___________________________________________________
CORAM : S.B. SHUKRE AND G. A. SANAP, JJ.
DATE : 30/09/2022
ORAL JUDGMENT: (Per: S.B. SHUKRE, J.)
1. Heard Shri B.G. Kulkarni, learned counsel for the
petitioners and Mrs. Ketki Joshi, AGP for the
respondents/State.
2. Rule. Rule made returnable forthwith. Heard finally
by consent of learned counsel for the parties.
3. During the pendency of this petition, some
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subsequent developments have taken place which, in our
opinion have a bearing upon the appointments of the
petitioner Nos.1 and 2 as Senior Clerk and Laboratory
Assistant respectively.
4. The petitioner No.1 retired on superannuation
while petitioner No.2 having died, his legal heirs have been
brought on record. These two events have to be considered
while examining the legality and correctness of the impugned
order and also while deciding what further course of action
will be appropriate in such a case.
5. Learned AGP submits that in view of the interim
order passed by this Court on 03.08.2018, case of petitioner
No.1 and 2 (Petitioner No.2-through his legal heirs), can be
considered appropriately for payment of all retiral dues
including pension, for the reason that these employees have
actually rendered their services.
6. The above position would impact us to allow this
petition accordingly, we partly allow the petition and direct the
respondents to release all the retiral dues including pension
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payable to the petitioner Nos. 1 and 2 (petitioner No.2-through
his legal heirs) in accordance with law at the earliest and
preferably within a period of four months from the date of the
order.
Rule accordingly.
JUDGE JUDGE
manisha
Signed By:MANISHA ALOK
SHEWALE
Signing Date:03.10.2022 17:23
