SUPERINTENDING ENGINEER Vs. SAROJ MAGAN DAMARE

JUDGEMENT

(1.) Heard finally with the consent of the learned counsel.

(2.) This application is filed for a review of the judgment dtd. 10/2/2023, passed by this Court, in a writ petition No.5750 of 2021. The said writ petition was filed by the wife and son of the employee late Magan Damare, for compassionate pension, who was serving as a watchman with the applicants herein. His services were terminated and he was dismissed on account of absenteeism after conducting departmental enquiry.

(3.) The husband of respondent No.1 and father of respondent No.2 was serving with the applicants from 20/11/1981. He served there for 22 years. On account of continuous absenteeism, a departmental enquiry was conducted against him. He was dismissed from service. He did not challenge the dismissal order passed by the applicants. He died on 5/4/2012. The respondent Nos.1 and 2 filed applications/representations dtd. 21/11/2012 and 28/1/2014 for granting compassionate pension. The said applications were rejected by the applicants. The said orders were challenged before the Maharashtra Administrative Tribunal, Mumbai, Bench at Aurangabad, vide Original Application No. 936 of 2019. The said application was withdrawn on 26/2/2020. Thereafter, writ petition No.5750 of 2021 was filed by the respondents. It was allowed, by setting aside an order dtd. 21/11/2012, passed on the representation of respondent No.1.