Smt. Gokula Vasnat Patil v. The State Of Maha. Thr. Secretary School Education Dept And ORS

skn 1 58-WP-15430.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE WRIT PETITION NO. 15430 OF 2022 Smt.Gokula Vasant Patil.

...

Petitioner.

V/s.

The State of Maharashtra and others.

...

Respondents.

Mr.Vinod S. Chate with Kalpana V. Chate i/b. Chate and Associates for the Petitioner.

Ms.A.A.Purav, AGP for Respondent Nos.1 to 4.

Ms.Manisha Devkar for Respondent Nos.5 and 6. SANJAY KASHINATH NANOSKAR SANJAY KASHINATH NANOSKAR Date: 2024.01.22 16:28:20 +0530 CORAM :

NITIN JAMDAR, AND M.M. SATHAYE, JJ.

DATE :

15 January 2024.

P.C. :

The Petitioner is now superannuated from the service. The Petitioner had last worked with Respondent Nos.5 and 6. There was a break in service. As to whether break in service to be condoned for the pensionary benefits is within the power and jurisdiction of the Joint Director of Education. Nothing is shown that Respondent Nos.5 and 6 could exercise the power to reject the proposal.

2.

Accordingly we dispose the petition directing Respondent Nos.5 and 6 to forward the proposal of the Petitioner to

skn 2 58-WP-15430.2022.doc the Joint Director of Education with whatever material and documentation they have, and it is for the Joint Director of Education to take decision in this regard. Let the proposal be forwarded to the State Government by Respondent Nos.5 and 6 within a period of four weeks. Thereafter the Joint Director of Education will take decision as per law. We make it clear that whether to grant condonation of break in service is the decision of the Joint Director of Education who will take as per law and facts. 3.

Writ petition is accordingly disposed of.

(M.M. SATHAYE, J.) (NITIN JAMDAR, J.)