Kavita W/O Ulhas Sunkepakwar vs State of Maharashtra, Thr. Secretary, School Education and Sports Department, Mumbai and Ors. — Bombay HC (2025) — LawSathi Research

Kavita W/O Ulhas Sunkepakwar vs State of Maharashtra, Thr. Secretary, School Education and Sports Department, Mumbai and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Respondent No.2 (Chief Executive Officer, Zilla Parishad Gadchiroli) directed to consider the petitioner's representation, to be filed within one week, on its own merit after perusing the documents produced on record, and to decide it within four weeks; petition disposed of in those terms, with no costs.

Issue for consideration

Whether the petitioner is entitled to the relief of treating her husband as a regular trained employee, so that the family pension and other benefits already granted to her may be fixed accordingly.

Court's answer

The Court directed respondent No.2, the Chief Executive Officer, Zilla Parishad Gadchiroli, to consider the petitioner's representation, to be filed within one week, on its own merit after perusing the documents produced on record.

Ratio / Principle

Once the representation is filed, it is to be decided within four weeks.

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Writ Petition No. 2240 of 2025, Kavita Ulhas Sunkepakwar v. State of Maharashtra and others, coram Smt. M. S. Jawalkar and Raj D. Wakode, JJ., decided 25 September 2025 (neutral citation 2025:BHC-NAG:9871-DB). Family-pension matter concerning Zilla Parishad, Gadchiroli: after the Chief Executive Officer, Zilla Parishad, Gadchiroli directed on 12/09/2025 that family pension and other consequential benefits be paid to the petitioner, the petitioner sought that those benefits be fixed on the footing that her husband was a regular trained employee; he had reported completion of his D.Ed. on 28/08/2019 by communication dated 28/11/2022 to the Education Officer (who had by letter dated 24/11/2022 directed him to remain present for hearing), and an explanation placed on record made clear he was not appointed on any reserved category post. The Court directed respondent No.2 (Chief Executive Officer, Zilla Parishad Gadchiroli) to consider the representation, to be filed within one week, on its own merit after perusing the documents produced on record, and to decide it within four weeks. Petition disposed of in the above terms; no costs. No statutes or precedents were cited.

2025:BHC-NAG:9871-DB

933-wp2240.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2240 OF 2025 Kavita Ulhas Sunkepakwar

-Vs.-

State of Maharashtra and others

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

Ms Shiba Thakur, Mr.Amit Thakur, Advs. for the petitioner. Ms Kavita Bhondge, AGP for the respondents-State. Mr.Ashish Paunikar, Adv.for respondent Nos.2 to 4.

CORAM : SMT. M. S. JAWALKAR & RAJ D. WAKODE, JJ. DATE : 25^TH SEPTEMBER, 2025

P.C.

Heard the learned counsel for the parties.

It is pointed out by the learned counsel for the respondents-Zilla Parishad that on 12/09/2025, the Chief Executive Officer, Zilla Parishad, Gadchiroli directed to pay the family pension and other consequential benefits to the petitioner. In view of this communication, there appears that the family pension and other benefits are granted in favour of the petitioner. However, the petitioner is seeking relief that the said benefits for family pension needs to be fixed, as the husband of the petitioner was a regular trained employee. Vide communication dated 28/11/2022 her husband pointed out to the Education Officer that he has completed his D.Ed. on 28/08/2019. It is also pointed out that vide letter dated 24/11/2022, the Education Officer

KHUNTE

933-wp2240.25.odt

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directed to remain present to the husband of the petitioner for hearing. The petitioner placed on record explanation submitted by the husband of the petitioner by which, it was made clear that he was not appointed on any reserved category post. In view of this explanation, whether the petitioner is entitled to the relief of treating her husband as regular trained employee needs to be decided.

Accordingly, respondent No.2-Chief Executive Officer, Zilla Parishad Gadchiroli is hereby directed to consider the representation, which is to be filed within a period of one week on its own merit, after perusing the documents produced on record. After filing of the representation, the same be decided within four weeks. The petition stands disposed of in the above terms. No costs.

(RAJ D. WAKODE, J) (SMT.M.S.JAWALKAR, J)

Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 29/09/2025 10:31:54 KHUNTE