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Bombay High Court

Smt. Kalpana Jagatrao Dahiwale vs The State Of Maharashtra Thru The ... on 20 July, 2021

Author: R.I.Chagla

Bench: R. D. Dhanuka, R.I.Chagla

KVM

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                                                          21 - WP 1673 OF 2021.doc

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIVIL APPELLATE JURISDICTION
                     WRIT PETITION NO. 1673 OF 2021

Smt.Kalpana Jagatrao Dahiwale                         ..... Petitioner

        VERSUS

The State of Maharashtra & Ors.                       ..... Respondents
Mr.N.V.Bandiwadekar, a/w. Mr.Vinayak Bagkar, i/b. Mrs.Ashwini
N.Bandiwadekar and Ms.Neha N.Bandiwadekar for the Petitioner.
Ms.P.J.Gavhane, A.G.P. for the State - Respondent nos. 1 and 2.

                                  CORAM: R. D. DHANUKA AND
                                         R.I.CHAGLA, JJ.

DATE : 20th JULY, 2021 (THROUGH VIDEO CONFERENCE) P.C:-

Learned A.G.P. waives service for the respondent nos. 1 to 4. Issue notice upon respondent nos.4 and 5 returnable on 4th August, 2021. It should be made clear in the notice that this Court will make an endevour to dispose of the writ petition finally at the admission stage subject to time constraint.

2. Affidavit in reply, if any, shall be filed within two weeks from the date of service of the papers and proceedings.

3. The short question that arises for consideration of this Court is ::: Uploaded on - 20/07/2021 ::: Downloaded on - 21/07/2021 05:42:34 ::: KVM 2/2 21 - WP 1673 OF 2021.doc whether the petitioner who had completed 10 years and 3 months as part time librarian in the respondent no.6 school and had completed 9 years and 11 months as full time librarian would be entitled to pension by considering the half of the period of the petitioner working as a part time librarian in the respondent no.6 school and period of service rendered as full time librarian for computation of pensionable service ?

4. The respondents shall also make a statement before this Court whether the issues raised in this petition are covered by various judgments annexed by the petitioner at pages 31 to 58 or not on the next date. Place the matter, High on Board on the returnable date. It is made clear that no further adjournment would be granted.

5. The petitioner is permitted to serve the unserved respondents by private notice i.e. by Registered A.D., courier or Hand Delivery or any other permissible mode of service.

[R.I.CHAGLA, J.]                             [R. D. DHANUKA, J.]




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