REKHA VINOD SHIVPUJE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of learned counsel for the parties.

(2.) By the present petition, the petitioners are seeking quashment of the order dated 17th October, 2007, issued by Respondent No. 3 - the Education Officer (Primary), Zilla Parishad, Latur whereby the family pension granted to the petitioners upon death of late Shri Vinod Veerbhadra Shivpuje was discontinued.

(3.) Deceased Vinod was the husband and father respectively of the petitioner Nos. 1 and 2. The deceased was working as an Assistant Teacher at a Primary School at Sawargaon Ajani. He committed suicide on 27th January, 2006. The petitioners obtained succession certificate and claimed family pension from Respondent No. 3. Ultimately, on 29th December, 2006, provisional family pension was ordered and since 5th February, 2007, the actual payment was started. In the meantime, the father of deceased Vinod raised an objection that since a criminal case is pending against Petitioner No.1 for the charges that she had abetted the commission of suicide of her deceased husband, the family pension could not have been granted to her till the disposal of the criminal complaint. Acting on the said complaint, the family pension was discontinued.