Kailas S/O Deorao Parate and Ors. vs Regional Director of Municipal Administration, Amravati and Ors. — Bombay HC (2026) — LawSathi Research

Kailas S/O Deorao Parate and Ors. vs Regional Director of Municipal Administration, Amravati and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with time-bound directions: respondent No.2 to take the necessary decision on the communications dated 25th July 2024 and 9th August 2024 within four weeks from production of the Court's order (as stated by the Addl. GP and made the basis of the order), and respondent No.3 to act upon that communication and convey the decision to the petitioners within two weeks thereafter.

Issue for consideration

Whether the petitioners' application dated 11.10.2023 for commutation of pension under Rule 7 of the Pension Rules, 1984, as legal heirs of the deceased retiree, should be decided by the respondents. +1 more

Ratio / Principle

The Court directed that respondent No.3 shall act upon the communication issued by respondent No.2 in pursuance of the Court's order (by which respondent No.2 is to take the necessary decision on the communications dated 25th July 2024 and 9th August 2024 within four weeks of production of the order, as placed on record through the Addl. GP) and communicate the same to the petitioners within two weeks thereafter.

Key takeaways

The Writ Petition is disposed of in the above terms.ratio¶22

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Anil S. Kilor and Raj D. Wakode, JJ.) disposed of a writ petition filed by the legal heirs of Sau. Jyoti Kailas Parate, a Head Mistress in a school run by respondent No.3-Municipal Council, Yavatmal, who retired on 30.06.2023 and died on 3rd July 2023. While other pensionary benefits and the monthly pension had been received, the heirs' application dated 11.10.2023 for commutation of pension under Rule 7 of the Pension Rules, 1984 remained undecided; respondent No.3-Chief Officer had sought guidance from respondent No.2-Deputy Director of Education, Amravati Division by communications dated 25th July 2024 and 9th August 2024, which went unanswered for nearly two years. On the statement of the learned Addl. GP, the Court directed respondent No.2 to take the necessary decision on those communications within four weeks of production of the Court's order, and directed respondent No.3 to act upon that communication and inform the petitioners within two weeks thereafter.

106-WP-3245-2026.odt

2026:BHC-NAG:6268-DB

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

WRIT PETITION NO. 3245 OF 2026

Kailas s/o Deorao Parate and Ors.

Vs.

Regional Director of Municipal Administration, Amravati and Ors.

Office Notes, Office Memoramda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

Mr. Ashish D. Girdekar, Advocate for the Petitioner. Mrs. S. S. Jachak, Addl. GP for the Respondent Nos.1 and 2/State.

CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : 21st APRIL, 2026.

Heard learned counsel for the petitioner.

The contention is that the petitioners are legal heirs of Sau. Jyoti Kailas Parate, who was serving as Head Mistress in the school run by respondent No.3-Municipal Council, Yavatmal. Sau. Jyoti Parate had retired from her services on 30.06.2023 and was entitled for the various pensionary benefits; however, she expired on 3^rd July 2023.

Shri Girdekar, learned counsel for the petitioners submits that so far as the other pensionary benefits are concerned, the petitioners have received the same so also the monthly pension is also being received by the petitioners. However, on 11.10.2023 the petitioners submitted an application for commutation of pension as per the Rule 7 of the Pension Rules, 1984. The said request is still pending with the respondents.

MJ Jadhav

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106-WP-3245-2026.odt

Shri Girdekar, learned counsel for the petitioners has invited our attention to the communication dated 25^th July 2024 (at record page No.56 Annexure-J) and communication dated 9^th August 2024 (at record page No.58), whereby respondent No.3- Chief Officer, Municipal Council, Yavatmal sought guidance from respondent No.2- Deputy Director of Education, Amravati Division, Amravati regarding grant of such benefits to the petitioners.

Learned counsel for the petitioners submits that even after passage of almost two years, respondent No.2 has not communicated any decision to respondent No.3 and thus, claim of the petitioners is not yet decided.

Mrs. S. S. Jachak, learned Addl. GP, who appears for respondent Nos.1 and 2 submits that necessary decision will be taken by respondent No.2 on the communications dated 25^th July 2024 and 9^th August 2024 within a period of four weeks from the date of production of order of this Court.

Respondent No.3 shall act upon the communication issued by respondent No.2 in pursuance of the aforesaid order and communicate the same to the petitioners within a period of two weeks thereafter.

Accordingly, Writ Petition is disposed of.

( RAJ D. WAKODE, J.) (ANIL S. KILOR, J.)

MJ Jadhav