TILOTTAMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned counsel appearing for the respective parties finally, by consent.

(2.) Present Writ Petition has been filed for following relief:-

(3.) The factual matrix leading to the Petition are that the husband of the petitioner, Sharad Ramlal Bansi was working as an assistant teacher with respondent No.5 school as permanent employee. Sharad died on 26/9/2020 at Gold City Hospital, Jalgaon due to Covid-19. After demise of her husband, the petitioner had filed applications to respondent No.3 for payment of gratuity and other benefits and also with the prayer to start the pension in her favour. However, no action has been taken by respondent Nos.2 to 5. The petitioner had filed Civil Misc. Application No.585 of 2020 before the Civil Judge, Junior Division, Dhule for issuance of heirship certificate. However, respondent No.6 had filed application under Order 1 Rule 10 of the Code of Civil Procedure for impleading her as party in the said proceeding. Accordingly, respondent No.6 came to be added as party respondent. Further, respondent No.6 and one Smt. Meena had filed Civil Misc. Application No.160 of 2020 before the Civil Judge, Junior Division, Dharangaon for issuing heirship certificate. In the said proceeding, present petitioner and her son were added as party respondents. From the said application, the petitioner came to know that said Smt. Meena is claiming to be the second wife of deceased Sharad. The second wife is not entitled to get pension and pensionary benefits in view of the provisions of Maharashtra Civil Services (Pension) Rules. The respondent authorities are not paying any heed to the request made by the petitioner and they are insisting for heirship certificate. The respondent authorities are not forwarding the documents in respect of the pension and other benefits for further process. Hence this Writ Petition.