1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2424 OF 2007 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s Orders Mr.N.L.Chaudhary, h/f. Mr.Kshirsagar, learned counsel for petitioner. Mr.Alok Sharma, Standing counsel for (CORAM : NARESH H.PATIL, AND A.V.POTDAR, JJ.) DATE : 26/04/2010 1. Heard. 2. Petitioner was serving with respondent no.2 as a constable. He was appointed on 14/12/1998. He obtained leave for the period between 02/06/2005 to 18/06/2005. Thereafter petitioner did not join his duties. 3. The learned counsel for petitioner submits that on 10/05/2006, the petitioner died. He was suffering from Tuberculosis. The post mortem was conducted, but the counsel is unable to make the statement in respect of 2 cause of death of the petitioner. 4. Learned counsel for respondent Mr.Alok Sharma submits that the petitioner is not qualified to receive pension. In the submissions of learned counsel, under the Service Rules, a person had to complete 15 years of service for getting pension. The petitioner in this case served only for 7 years. The counsel further submits that the petitioner was issued show cause notices and after completion of all formalities, as petitioner failed to respond, the petitioner was dismissed from service. 5. We have perused the relevant documents placed on record and the reply filed by respondents. We find that appropriate inquiry was initiated. The petitioner did not respond to the notices issued and participate in the inquiry. Petitioner has even not got extended leave on the count of his ill health. The cause of death of the petitioner is not known. 6. Considering all these facts and 3 circumstances of the case, no interference is called for in exercise of extra ordinary writ jurisdiction. The petition is accordingly dismissed. (A.V.POTDAR, J.) (NARESH H.PATIL, J.) khs/APRIL 2010/wp2424-07