PRAKASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition filed under Articles 226 and 227 of the Constitution of India, the legal heirs of deceased petitioner question the order dated 17.09.2004, passed by the Maharashtra Administrative Tribunal in Original Application No. 39/2003, dismissing the demand of deceased petitioner for releasing his pensionary benefits and other terminal benefits, by accepting that he has retired on medical grounds on 31.03.2000. Deceased petitioner was born on 06.12.1958 and therefore, could have continued till reaching age of 58 years i.e. upto 31.12.2016. He was retired on medical grounds on 31.03.2000, and expired during pendency of the Writ Petition. His legal heirs are accordingly brought on record.

(2.) We have heard Shri P.S. Khubalkar, learned Counsel for the petitioners and Ms. S.Z. Haider, learned A.G.P. for respondents.

(3.) Facts are not much in dispute. Deceased petitioner was appointed as Pharmacist at Rural Hospital on 29.11.1982. In the year 2000 he was posted at Rural Hospital, Pusad. On 09.03.2000, he appeared before the Medical Board (respondent No. 5) and Board directed him to appear before the Medical Superintendent i.e. respondent No. 2. As per communication dated 30.03.2000, he appeared before respondent No. 2 on 31.03.2000 when respondent No. 2 examined him and issued medical certificate declaring him unfit for service. He was also given a communication by which he was relieved from duties on the very same day.