Rukhmini Ganesh Kale and Another Vs Zilla Parishad, Buldhana, Thr. Its Chief Executive Officer and Others — Bombay HC (2025) — LawSathi Research

Rukhmini Ganesh Kale and Another Vs Zilla Parishad, Buldhana, Thr. Its Chief Executive Officer and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Civil application allowed with direction to delete the name of deceased petitioner No.1 from the cause title forthwith; Petitioner No.2 granted liberty to submit a fresh representation to Respondent No.1 within two weeks; Respondent No.1 directed to decide the representation in accordance with law within four weeks of its submission; writ petition disposed of.

Issue for consideration

Whether Respondent No.1 (Zilla Parishad, Buldhana) should be directed to decide the representation dated 22/03/2018 claiming placement of the deceased employee in the pay-scale of Rs. 1640-2900 from 01/10/1994 and Rs. 5500-9000 from 01/01/1996, with monetary, retiral benefits and pension. +1 more

Court's answer

Petitioner No.2 is granted liberty to submit a fresh representation to Respondent No.1 claiming the aforesaid relief, to be made within two weeks; Respondent No.1 is directed to decide the representation in accordance with law within four weeks of its submission.

Ratio / Principle

The civil application (CAW No. 2048 of 2025) is allowed and the name of petitioner No.1 (since deceased) is to be deleted from the cause title forthwith.

Key takeaways

The writ petition is disposed of in the above terms.ratio¶¶33

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), 26/09/2025 (Smt. M.S. Jawalkar & Raj D. Wakode, JJ.) — Writ Petition No. 5840 of 2018 with Civil Application (CAW) No. 2048 of 2025 — Rukhmini wd/o Ganesh Kale v. Zilla Parishad Buldhana — Petition sought directions to Respondent No.1 (Chief Executive Officer, Zilla Parishad, Buldhana) to place the deceased employee, husband of petitioner No.1, in the pay-scale of Rs. 1640-2900 from 01/10/1994 and Rs. 5500-9000 from 01/01/1996, with monetary, retiral benefits and pension; representation dated 22/03/2018 (Annexure-XII, page 63) on record — petitioner No.1 died during pendency on 23/02/2025 — Civil application for deletion of her name from the cause title allowed — Petitioner No.2 permitted to submit a fresh representation within two weeks — Respondent No.1 directed to decide it in accordance with law within four weeks of submission — Writ petition disposed of.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

CIVIL APPLICATION (CAW ) NO. 2048 OF 2025 IN WRIT PETITION NO. 5840 OF 2018

Rukhmini wd/o Ganesh Kale and another

Vs

Zilla Parishad Buldhana and others.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

Mr. Amit D. Bhate, counsel for applicants/petitioners.

Ms. K.H. Bhondge, AGP for State.

CORAM : SMT. M. S. JAWALKAR &

RAJ D. WAKODE, JJ.

DATE : 26/09/2025

Heard.

The present application has been filed on behalf of petitioner No.2 for deleting the name of petitioner No.1 from the cause tile.

The learned counsel for the petitioners points out that petitioner No.1 expired during the pendency of this petition on 23/02/2025. A copy of death certificate is placed on record. It is further contended that petitioner No.2 is the only legal representative of petitioner No.1 and is already on record.

In view of the above, learned counsel for the petitioners seeks permission of this Court to delete the name of petitioner No.1 from the cause title.

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For the reasons stated in the application, we allow the present civil application.

The learned counsel for the petitioners to delete the name of petitioner No.1 from the cause title forthwith.

Civil application is accordingly disposed of.

WRIT PETITION NO. 5840 OF 2018

The petitioner has approached this Court seeking directions to the respondent No.1- Zilla Parishad, Buldhana, to place the husband of the petitioner No.1 in the pay-scale of Rs. 1640-2900 from 01/10/1994 and the pay-scale of Rs. 5500-9000 from 01/01/1996, with further directions to the respondents to grant all monetary benefits, including retiral benefits and fixation of pension of the petitioner No.1.

Learned counsel for the petitioner points out the representation dated 22/03/2018, which was submitted by the petitioner No.1 - wife of the deceased employee is at page No.63 (Annexure-XII)

Learned counsel for the petitioner, upon instructions, makes a statement that the grievance of the petitioner will be redressed if this Court direct the respondent No.1- Chief Executive Officer, Zilla Parishad, Buldhana to decide the aforesaid representation. However, in view of the application decided today, the name of the petitioner no.1 has been deleted, as she has expired, and

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the aforesaid representation was submitted by the deceased petitioner No.1.

In view of the above, we grant liberty to Petitioner No.2 to submit a fresh representation to Respondent No.1, claiming the aforesaid relief. Respondent No.1 is further directed to decide the said representation in accordance with the law within a period of four weeks from the date of its submission. This submission of representation shall be made by the petitioner No.2 within two weeks from today.

In view of the above, the aforesaid writ petition is disposed of.

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

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