JYOTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Leaned Counsel for respective parties waive service. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission.

(2.) By this petition, the petitioner seeks quashment of the orders dated 18.11.2004 and 2.12.2004 for recovery passed by Respondent no.3 and for directions to the respondent to consider the proposal for family pension. Considering the limited relief, which the petitioner has sought for, this petition is heard finally on merits at the stage of admission.

(3.) Husband of the petitioner - Mahadeo Shinde was serving as Full Time Lecturer with Jalandhar Junior College since 8.7.1997. Shri Mahadeo Shinde expired on 14.09.2000. On his death, the petitioner received death-cum-gratuity and other benefits. The petitioner has submitted the proposal for family pension. Respondent no.3, however, raised an objection that husband of the petitioner was working on Clock hour basis during 29th July, 1998 and 30th April, 1999. In view of the objection raised, Respondent no.3 returned the pension papers for submitting another proposal and directed Respondent no.5 to recover excess amount of Rs. 80,000/- from the petitioner. Being aggrieved, the petitioner has approached this Court.