- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3718/1994 Prakash s/o Fulchand Barwal, age 28 yrs., occu.nil, r/o Mahada’s Housing Society, Behind Patwardhan Hospital, Railway Station Road, Aurangabad. Since deceased through his L.Rs. 1] Smt.Shobhabai w/o Prakash Barwal, age 30 yrs., occu.household r/o Mhada Colony, Behind Patwardhan Hospital, Railway Station Road, Aurangabad. (wife/widow). 2] Akash s/o Prakash Barwal, age 14 yrs., occu.student (minor son), 3] Suraj s/o Prakash Barwal, age 12 yrs., occu.student (minor son), 4] Kiran s/o Prakash Barwal, age 30 yrs., occu.student (minor son), 5] Prithviraj s/o Prakash Barwal, age 6 yrs., occu.student (minor son), All the petitioners nos.2 to 5 are residing on the above address under guardianship of the petitioner no.1 – their real mother. ...Petitioners.. Versus - 2 - 1] The State of Maharashtra. 2] The Scheduled Tribe Caste Certificate Scrutiny Committee, Maharashtra State, Pune. 3] The Additional Divisional Commissioner, Aurangabad. 4] The Maharashtra State Secondary & Higher Secondary Education Board, (through its Divisional Secretary), Aurangabad Division, Aurangabad. ...Respondents... ..... Miss.S.T. Kazi, Advocate h/f Shri Girish Rane, Advocate for petitioners. Shri K.B. Choudhary, Additional G.P. for respondent nos.1 & 3. Shri S.M. Kulkarni, Advocate for respondent no.2. Shri D.V. Soman, Advocate for respondent no.4. ..... CORAM: B.R. GAVAI & S.V. GANGAPURWALA, JJ. DATE: 12.08.2010 ORAL JUDGMENT (Per Gavai, J.): 1] Heard learned counsel for the parties. 2] The original petitioner was appointed as Peon by the respondent no.4 by the order dated 11.7.1988. The petitioner’s appointment was against a post reserved - 3 - for scheduled tribe. As such the claim of the petitioner was referred to the scheduled tribe caste verification committee. The said committee invalidated the claim of the petitioner vide order dated 30.9.1989. On the ground of invalidation, the petitioner’s services came to be terminated vide order dated 10.12.1989. The appeal preferred by the petitioner against the order of the caste verification committee was dismissed on 27.10.1993. Being aggrieved thereby, the present petition was filed. 3] While granting Rule, this Court had granted interim relief in terms of prayer clause (B). As such in pursuance to the interim order, the petitioner was to work as a Peon with the respondent no.4. Subsequently, Civil Application No. 5571/1994 was filed by the respondent no.4 for vacating the interim relief. The same came to be rejected. 4] During pendency of the writ petition, the original petitioner has died and his legal heirs are brought on record. Since the original petitioner has already died, the question regarding his claim of belonging to scheduled tribe does not arise. The legal heirs of the original petitioner have restricted the claim in the present petition only for grant of family pension. 5] The petitioner was originally appointed on 18.7.1988. By virtue of interim order passed in the year 1994, the petitioner was directed to be reinstated. The original petitioner has died on 5.12.2003. Considering the date of appointment of - 4 - the original petitioner to be 11/18.7.1988, the original petitioner has rendered the service of more than 15 years. As such the petitioner’s widow would be entitled to the family pension. We accordingly extend the benefit of family pension to the widow of the original petitioner i.e. present petitioner no.1 – Smt.Shobhabai w/o Prakash Barwal. 6] We, therefore, dispose of the writ petition by directing the respondents to give the benefits of family pension to the widow of the original petitioner from the date of his death i.e. 5.12.2003. The said benefit be extended to the widow of the petitioner namely Smt.Shobhabai w/o Prakash Barwal within a period of six months from today along with the arrears. No order as to costs. (S.V. Gangapurwala, J.) (B.R. Gavai, J.) ndk/c128107