Bombay High Court High Court

Raghvendra vs Water Conservation Division on 8 July, 2010

Bombay High Court
Raghvendra vs Water Conservation Division on 8 July, 2010
Bench: B.R. Gavai, S.V. Gangapurwala
                                               1

      
                     IN THE HIGH COURT OF JUDICATURE OF BOMBAY




                                                                               
                                 BENCH AT AURANGABAD
                              WRIT PETITION NO.1030  OF 1998   




                                                       
      
     Sumanbai d/o Damodharrao Kurdukar,
     since deceased, through legal representative

     Raghvendra s/o Shripatrao Joshi,




                                                      
     age: 50 years, Occ: Business,
     R/o `Apurva', B-10, Indraprastha Enclave,
     Jyoti Nagar, Aurangabad,
     Tq. and District Aurangabad.                                 Petitioner




                                           
                    Versusig
     1 The State of Maharashtra
         through the Principal Secretary,
                        
         Urban and Rural Development
         Department and School
         Education Department,
         Mantralaya, Maharashtra State,
      

         Mumbai-32.
   



     2 Zilla Parishad, Latur,
        through its Chief Executive Officer,
        Latur.





     3 The Chief Executive Officer,
        Zilla Parishad, Latur.

     4 Education Officer (Primary),
        Zilla Parishad, Latur.





     5 Accountant General-II,
        Near General Post Office,
        Nagpur.

     6 Smt.R.H.Pandit,
        Desk Officer,
        Rural Development and




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                                                      2

         Water Conservation Division,
         Mantralaya, Mumbai-32.                                                Respondents




                                                                                            
      

     Mr.V.V.Dhage,  advocate for the applicant.




                                                                    
     Mr.K.B.Choudhary, A.G.P. for Respondents No.1 & 5.
     Mr.V.D.Hon,   advocate for   Respondents No.2 & 3.
      




                                                                   
                                                              CORAM: B.R.GAVAI AND 
                                                                         S.V.GANGAPURWALA, JJ.

th
DATE : 8 July, 2010.

ORAL JUDGMENT (Per B.R.Gavai, J.):

1

The petitioner filed present petition seeking directions to the

Respondents No.1 to 4 and 6 to fix pay of the petitioner by taking into

st
consideration her application dated 31 March 1989 regarding her option to

continue her existing scale for the purpose of pension admissible to her.

2 Under the relevant Government Resolution, for availing the

st
benefit, an employee was required to give his option by 31 March 1989.

According to the petitioner, said option is given on that day. However, this

fact is disputed by Respondent-Zilla Parishad as well as State Government.

According to them, the option is given in 1993 i.e. much after the cut off

date.

3 In that view of the matter, since petition involves disputed

question of fact, which cannot be adjudicated in the extraordinary

jurisdiction, we are not inclined to grant any relief to the petitioner.

4 In any case, pensionary benefits are only payable to the

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3

employee and legal heirs do not get any right to the pension. In that view of

the matter also, no case is made out for interference.

5 Writ Petition stands dismissed. Rule discharged. No order as to

costs.

                          (S.V.GANGAPURWALA)                           (B.R.GAVAI)
                                           JUDGE                             JUDGE




                                                  
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