bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 1934 OF 2008 PETITION NO. 1934 OF 2008 PETITION NO. 1934 OF 2008 Shri Nikam Subhash Pandurang (since deceased through his L.R.) Smt.Nikam Sangeeta Subhash ... Petitioner v/s 1. State of Maharashtra & ors. ... Respondents Mr.A.M.Joshi for the petitioner. Smt.M.P.Thakur, A.G.P. for the respondents 1 & 2. Mr.S.V.Pitre for respondent Nos.3 and 4. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 20TH AUGUST, 2008 20TH AUGUST, 2008 20TH AUGUST, 2008 P.C. P.C. P.C.: 1. The petition challenges the order passed by the School Tribunal on 18.10.2007. Admittedly, the employee Subhash was permitted to continue in service even after he was terminated by the 1st and 2nd respondents in view of the interim orders of the School Tribunal. He continued in service during the pendency of the proceedings before the School Tribunal and has thus drawn wages upto the date he worked. It appears that the employee passed away on 9.6.2003. The present petition has been filed by the widow of the original appellant before the School Tribunal claiming that the 2 order of the School Tribunal is erroneous. 2. Since the employee has received the wages due to the interim orders of the School Tribunal and had continued in service upto the date of his death, there is no question of paying any back wages to the petitioner. However, she would be entitled to family pension. An affidavit has been filed by the Assistant Director of Education, Kolhapur Region, Kolhapur, in which he has stated that the petitioner i.e. Sangita, the widow of the employee, would be entitled to family pension and if the proposal is sent by the school, it would be sanctioned within 12 weeks from today. 3. This statement made by Mr.Pandurang Ganpati Sathe, In-charge Assistant Director of Education, Kolhapur Region, Kolhapur, is accepted. The petition is disposed of by directing respondent Nos.3 and 4 to submit the necessary pension papers to respondent Nos.1 and 2 within a period of four weeks from today. 4. Respondent Nos.1 and 2 shall process the pension papers and sanction the family pension in accordance with law, within 12 weeks from the receipt of the pension papers from respondent Nos.3 and 4. 3 5. Writ petition disposed of accordingly. 6. It is clarified that the order of the School Tribunal will not cause any hindrance to the sanction of the family pension.