SUNITA Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The petitioner is the widow of an employee, namely, Pradip Thakar, who belonged to "Thakar", Scheduled Tribe community. He was issued with the tribe certificate by the Executive Magistrate, Kallam. On 01.03.1982, he was appointed as "Chaukidar", a post reserved for the Scheduled Tribe category with respondent No.3. He was promoted as "Supervisor" in 2009. He moved his application for seeking validation of his tribe claim through the respondent No.3/Employer to respondent No.2/Committee, on 04.07.2013. Before the Committee could decide his claim, he passed away on 06.11.2019, while being in employment.

(3.) In the above backdrop, the petitioner widow moved applications dated 24.12.2019, 02.03.2020 and 24.08.2020 to the respondent authorities seeking release of the family pension and payment of all retiral benefits like provident fund, gratuity, leave encashment, medical reimbursement, overtime, etc.. It is contended by the petitioner that respondent No.3 orally intimated her that as her husband was appointed on a post reserved for the Scheduled Tribe category and since he did not submit his validity certificate, steps to grant family pension cannot be taken until such validity certificate is produced. The petitioner then made request applications to respondent No.2/ Committee on 08.07.2020 and 27.07.2020, seeking a decision on her late husband's pending claim. On 05.08.2020, respondent No.2/ Committee closed the file of the petitioner's husband since he had passed away.