1 wpl2517.10.sxw ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION(L) NO. 2517 OF 2010 Bhagyashree Vijay Kadam & ors. ..Petitioners. Vs. The State of Maharashtra & anr. ..Respondents. Mr. Harshad Inamdar, advocate for petitioners. Mrs. Uma Palsule-Desai, AGP for Respondent Nos. 1 to 3. CORAM : A.M.KHANWILKAR & MRS MRIDULA BHATKAR, JJ. DATE : MARCH 14, 2011. P.C. 1. In the Order dated 27 th January, 2011, the Court has already highlighted the two issues that were raised on behalf of the Petitioners. The first is regarding delay in payment of family pension and the second is non consideration of request to appoint Petitioner No.1 on compassionate ground. In response to both these issues raised by the Petitioners, reply affidavit has been filed. Learned AGP has invited our attention to the Exh.1 appended to the reply affidavit dated 27 th 2 wpl2517.10.sxw September, 2010, which indicates that the scheme regarding appointment on compassionate ground was made available to the Petitioners, which fact has been acknowledged by the Petitioners below said communication. The Petitioners, in particular, Petitioner No.1 has not submitted any proposal to the appropriate authority inconsonance with the scheme for appointment on compassionate ground. The Petitioners are free to take necessary steps in that behalf. If such proposal is submitted by the Petitioner No.1, we hope and trust that appropriate authority would consider the same expeditiously and in any case, not later than four weeks from the date of receipt thereof. 2 Insofar as the grievance regarding non payment of pension amount, the learned AGP has invited our attention to the communication dated 9 th March, 2011, which is not a part of the record. This communication is sent by the Additional Police Commissioner to Senior Police Inspector, Matunga Police Station, Mumbai. This communication indicates that the Petitioners will have to comply with certain formalities referred to therein. Counsel for the Petitioner submits that copy of this 3 wpl2517.10.sxw communication has not been given to the Petitioners. Without going into this controversy, we direct the learned AGP to hand over photo-stat copy of this communication to the Counsel for the Petitioners, so that the Petitioners can take necessary corrective measures and comply with the points referred to in this communication. The Petitioners are free to take necessary steps in that behalf as expeditiously as possible. As and when the Petitioners comply with the requisite formalities, we hope and trust that the appropriate authority would take all measures to ensure that the pension amount becomes available to the Petitioners soon thereafter. 3 Counsel for the Petitioners has made another grievance before us for the first time that out of the amount paid to the Petitioners towards quarter rent is being deducted even though the Petitioners are not occupying any official quarter. No specific relief has been claimed in this petition in this behalf. We hope and trust that the appropriate authority would look into this grievance of the Petitioners at the earliest and necessary steps be taken, as may be advised to reimburse the rent deducted, if any. 4 wpl2517.10.sxw 4 In view of this, the Petition is disposed of with liberty to the Petitioners to pursue remedy before the appropriate authority. If the decision of the appropriate authority is adverse, the Petitioners would be free to challenge the same by way of substantive petition. (MRS MRIDULA BHATKAR, J) (A.M.KHANWILKAR,J)