9.11835.23-wp.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11835 OF 2023 Pushpa Nitin Savant & Anr. .. Petitioners Vs. The Motor Accident Claim Tribunal & Anr. .. Respondents ... Mr. Santaram Tarale, Advocate for the Petitioners Mr. Kiran Bapat, Senior Advocate (Through VC) with Ms. Leena Patil, Advocates for Respondent No.1 Mrs. Neha S. Bhide, Government Pleader with Ms. Kavita N. Solunke, Additional Government Pleader and Mr. S. P. Kamble, AGP for Respondent No.2-State CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM ANKHAD, J. DATE : 4th MARCH 2026 P.C. : Pushpa Nitin Savant-petitioner no.1 is the wife of Late Nitin Savant and Atharv Nitin Savant-petitioner no.2 is his son. These petitioners are seeking a direction to the respondent-authorities to grant pension, gratuity and other retiral benefits accrued on the death of Nitin Savant who passed away on 27th December 2020. The petitioners are also seeking a direction for compassionate appointment of the petitioner no.1. 2. The claim raised by the petitioners has been declined on the ground that there is no indication in the order dated 26th May 2022 as to providing the petitioners the benefits of compassionate appointment to the dependents of the former employee, namely, Nitin Savant. 3. The order dated 4th January 2016 passed in Departmental bgp Page | 1 BASAVRAJ GURAPPA PATIL Digitally signed by BASAVRAJ GURAPPA PATIL Date: 2026.03.05 18:54:11 +0530 9.11835.23-wp.docx Enquiry against Nitin Savant imposing a punishment of removal from service has been quashed by the Minister for Water Resource and Command Area Development by an order dated 26th May 2022 in the Review Petition filed under section 25A of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979. The natural consequence of quashing of the punishment order shall be that the government employee is reinstated in service. However, Nitin Savant passed away on 27th December 2020 and, therefore, his legal heirs and dependents shall be entitled for all terminal benefits accruing on his death. Insofar as the claim of compassionate appointment is concerned, the respondent no.1 shall take a decision on the basis of the scheme framed by the State government as applicable as to the Maharashtra Accident Claims Tribunal within a period of 4 weeks. 4. Writ Petition No.11835 of 2023 is allowed in the aforesaid terms. [GAUTAM ANKHAD, J.] [CHIEF JUSTICE] bgp Page | 2