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Surendra Wamanrao Deshmukh v. State of Maharashtra and Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 4925 of 2017)Decided 31 Mar 2017
Civil Appeal No. 4925 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

This order does not decide the main case. The appellant, who had been compulsorily retired, sought compassionate pension under Rule 100 of the Maharashtra Civil Services (Pension) Rules, 1982. The High Court had declined to examine his claim.

Decision Breakdown

This is not a final decision on the main case. The Court condoned the delay, granted leave and disposed of the appeal by permitting the appellant to file a representation before the State within one month. It directed the State to decide the representation on merits within three months and clarified that the High Court's judgment would not stand in the way. The Court did not itself decide whether the appellant is entitled to compassionate pension.

Lesson Learnt

There is no final ruling yet on whether the appellant qualifies for compassionate pension. That now depends on the State's decision on his representation, which must be made within three months of filing.

Official source (sci.gov.in)View Judgment (PDF)

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