Syed Yousuf Syed Moosa v. The Education Officer Secondary And Others

5447.23ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO.5447 OF 2023 IN WP/7846/2022 SYED YOUSUF SYED MOOSA

VERSUS

THE EDUCATION OFFICER (SECONDARY) AND OTHERS ....

Mr C. V. Dharurkar, Advocate for Applicant;

Mr V. M. Kagne, A.G.P. for Respondent Nos.1 to 3 Mr P. V. Barde, Advocate for Respondent No.4 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 3rd November, 2023 PER COURT:

1.

The learned Advocate for Respondent No.4 Shri Barde has shared the proposal that has been forwarded to the Education Officer, with Shri. Dharurkar, the learned Advocate representing the Applicant. The proposal still appears to be incomplete.

2.

There are a host of arguments, which the learned Advocate Shri. Barde desires to advance. Shri. Dharurkar desires to counter each of his submissions.

3.

This issue can be resolved by directing the Management Authorities and the Applicant/employee to appear

5447.23ca (2) before the Education Officer on a particular date and remove all deficiencies in the presence of the Education Officer. The Management would carry the entire file to the office of the Education Officer and will not put up a plea that some documents are left behind in their society. The Petitioner shall not put forth any excuses and reach the office. The Education Officer shall himself monitor removal of deficiencies.

4.

In view of the above, this Civil Application is disposed off, with the direction as recorded in the foregoing paragraph. The parties shall appear before the Education Officer on 07/12/2023 at 11.30 a.m. The Education Officer would ensure that, he is available in the office and would assist in complying with this direction. After the deficiencies are removed, the Education Officer shall forthwith forward the proposal for releasing the pensionary benefits of the Applicant/Petitioner. 5.

Until the above directions are fructified, the provisional pension would be cleared and would become payable forthwith.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk