Bombay High Court
Rekha Jayant Khandait vs The State Of Maharashtra And 3 Ors on 20 February, 2025
Author: A. S. Chandurkar
Bench: A. S. Chandurkar
2025:BHC-OS:2924-DB
Digitally signed
by ANANT 912.WP.1779.2022-J.doc
ANANT KRISHNA
NAIK
KRISHNA Date:
NAIK 2025.02.24 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
12:28:46
+0530 ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1779 OF 2022
WITH
INTERIM APPLICATION NO.3441 OF 2024
IN
WRIT PETITION NO.1779 OF 2022
Rekha Jayant Khandait )
Widow of Late Jayant Shankar Khandait )
Aged about 38 years, Indian inhabitant )
of Mumbai, Occupation: House wife, Residing at )
B. D. D. Chawl No. 54, Room No. 68, )
Dr. G. M. Bhosale Marg Lane, Opp. Jambhori )
Maidan Worli, Worli, Mumbai - 400018 ) .. Petitioner
Versus
1. The State of Maharashtra )
Through Government Pleader, )
High Court, Mumbai )
2. Ld. Joint Commissioner of Police )
Traffic Police Headquarter, )
87, Sir Pochkhanawala Road, Worli, )
Mumbai - 400030 )
3. Pooja Khandait alias Pooja Narendra Mane )
Adult Indian inhabitant, )
B. D. D. Chawl No. 54, Room No. 17, )
Dr. G. M. Bhosale Marg Lane, )
Opp. Jambhori Maidan Worli, Worli, )
Mumbai - 400018 )
4. Aarti Jayant Khandait alis Aarti Shubham )
Kamble Adult Indian inhabitant )
At post - Vathar (Kirvali), )
Taluka - Koregaon, District-Satara ) .. Respondents
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912.WP.1779.2022-J.doc
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Mr. Rushabh Sheth a/w. Ms. Mansi Jain and Ms. Pratibha Rupnawar
(through VC), Advocates for the Petitioner.
Ms. P. H. Kantharia, Government Pleader a/w. Ms. Fatima Lakdawala,
Assistant Government Pleader for Respondent Nos.1 and 2.
Mr. Sangharsh Waghmare a/w. Mr. Piyush Todkar & Mr. Rahul Salve,
Advocates for Respondent Nos. 3 and 4.
Smt. Rekha Khandait, Petitioner, present.
Smt. Pooja Khandait, Respondent No. 3, present.
Smt. Aarti Khandait, Respondent No. 4 present (through VC)
****
CORAM : A. S. CHANDURKAR &
M. M. SATHAYE, JJ.
DATED : 20th FEBRUARY 2025
ORAL JUDGMENT (Per A. S. CHANDURKAR, J.):
1. Rule. Rule made returnable forthwith. Heard finally by consent of the
learned Counsel for the parties.
2. One, Jayant Shankar Khandait was engaged with the Mumbai police.
He married Smt. Nanda and the couple had two children, Respondent Nos. 3
and 4. Smt Nanda expired on 17/10/2010. Jayant Khandait thereafter
married the Petitioner on 29/05/2011 and from the said wedlock, a son was
born. Mr. Jayant expired on 25/05/2020 on account of illness suffered
during COVID-19. This gave rise to disputes between the Petitioner-widow
of the Jayant Khandait and the Respondent Nos. 3 and 4, his children from
the earlier marriage.
3. By the present Writ Petition, the Petitioner has prayed that benefits
flowing from the service rendered by Shri Jayant Khandait be given only to
912.WP.1779.2022-J.doc
her with the exclusion of the Respondent Nos. 3 and 4. On 19/06/2021 an
ad-hoc arrangement by passing an interim order came to be made. The
relevant portion of the same reads as under:
"(i) The Petitioner shall be entitled to claim family pension
under Rule 116 of the Maharashtra Civil Services (Pension)
Rules, 1982.
(ii) So far as payments to be made for the deceased police
constable out of Mumbai Police Foundation Trust as well as 7 th
Pay arrears and Government Aid to be made available to the
relatives of the deceased as part of Covid -19 funds are
concerned, the parties shall be entitled to share the same in
equal proportion, that is to say, one half share to the Petitioner
and her son, and the other half jointly to Respondents No.3 & 4.
(iii) So far as Death-cum-Retirement Gratuity, General
Provident Fund, Deposit Linked Insurance Scheme Amount,
Group Insurance Scheme, Leave Encashment dues of the
deceased police constable are concerned, Respondents No.3 & 4
shall be entitled to claim one half of those benefits presently to
the exclusion of the Petitioner.
(iv) The balance half of these five amounts shall be deposited
by the Respondent-State in Court. The Registry/Prothonotary
and Senior Master is directed to invest this amount in Fixed
Deposit/s in any nationalised bank/s for a period of one year,
renewable thereafter from time to time, so as to abide by
further orders of this Court.
(v) As far as appointment on compassionate ground of the
deceased's relative is concerned, the Respondent - State, as of
now, shall stay its hands and not make any appointment
pending hearing and final disposal of the present Petition.
(vi) While making available these benefits, the Respondent-
State shall not insist of succession certificate from either the
Petitioner or Respondents No.3 & 4. The parties are however
free to apply for succession certificate, if they so choose.
912.WP.1779.2022-J.doc
(vii) As a special case, at the request of learned Counsel for the
Petitioner, the Respondent-State is directed to allow the
Petitioner to occupy the official residence of the deceased Jayant
Shankar Khandait for a period of one month from today. At the
end of one month, the Petitioner undertakes to this Court to
vacate the residence. The undertaking is accepted
4. Today, the learned Counsel for the Petitioner, on instructions from the
Petitioner, who is present in the Court submits that the Petitioner is not
interested in seeking an appointment on compassionate grounds. He submits
that this claim can be pursued by the Respondent Nos. 3 and 4. He further
submits that in terms of Clauses (i) and (ii) above, the interim arrangement
as made be continued with liberty to the Petitioner to withdraw the balance
amount that stands deposited in this Court in accordance with Clause (iv) of
the interim order.
5. The learned Counsel appearing for the Respondent Nos. 3 and 4, on
instructions from the Respondent Nos. 3 & 4, who are present in Court
today, accepts the giving up of the Petitioner's claim for compassionate
appointment. They consent to the Petitioner receiving the amount of family
pension in lieu of aforesaid and withdrawing the balance amount lying in
deposit with accrued interest as per Clause (iv).
6. In view of the agreement between the consenting parties, the ad hoc
arrangement is accepted, which shall operate between the parties subject to
the following modification:
(a) The Petitioner having given up her claim of compassionate
appointment, it will be open for the Respondent Nos. 3 and 4 to
pursue the same in accordance with the law. Clause (v) of the
912.WP.1779.2022-J.doc
aforesaid order stands modified accordingly.
(b) The Petitioner is at liberty to withdraw the amount lying in
deposit with accrued interest in terms of Clause (iv) of the aforesaid
order.
7. It is clarified that this arrangement by consent relates only to what has
been referred to herein above. The parties are free to have their rights
adjudicated with regard to other claims in accordance with the law.
8. Rule is made absolute in above terms. The Writ Petition is disposed of
with no order as to costs. Pending interim application is also disposed of.
(M. M. SATHAYE, J.) (A. S. CHANDURKAR, J)
