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Bombay High CourtWP/710/2016disposed offdismissed for default

Bharat Rambhau Gochade v. Education Officer Secondary Zilla Parishad And Others

2019-04-09Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale3 pages

1 15WP710.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 710 OF 2016 Bharat Rambhau Gochade .... Petitioner

Versus

Education Officer Secondary, Zilla Parishad, Beed & Ors.

..... Respondents ..

Shri. Vivek Bhavthankar, Advocate for the petitioner Shri. S. B. Pulkundwar, AGP for respondent/State ..

CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 9TH APRIL, 2019 ORAL ORDER:

1.

The petitioner claims pensionary benefits as per his representation dt. 10.07.2015.

2.

Shri. Vivek Bhavthankar, learned counsel for the petitioner submits that, the original documents pertaining to his educational qualification and the original service book are not given to the petitioner till date though the petitioner retired in the year 2007. Petitioner has put in 17 years service and is getting pension of

2 15WP710.2016 Rs.8600/- only, whereas, one Mr Sherekar who had put in only 14 years service is getting Rs. 14,200/-. The provident fund amount is also received half. The management is not responding to the representations given by the petitioner.

3.

We have heard the learned Assistant Government Pleader also.

4.

Notice before admission was issued to respondents No. 2 and 3. Though served, none appeared for respondents No. 2 and 3. Thereafter, notice of final disposal was issued to respondents No. 2 and 3. The notice of final disposal also served on the respondents No. 2 and 3, still none appears for respondents No. 2 and 3. 5.

Respondent No. 1 / Education Officer shall direct respondents No. 2 and 3 to submit the proper proposal as per the entitlement of the petitioner to receive the pension and the provident fund amount. The Education Officer shall consider the entitlement of the petitioner with regard to the provident fund amount and the pension benefit and take decision accordingly within a period of three months. Commensurate to the decision taken by him, he may direct respondent Nos. 2 and 3 to forward the necessary proposal.

3 15WP710.2016 Respondents No. 2 and 3 shall comply with the directions issued by the Education Officer. In case respondents No. 2 and 3 do not comply with the directions of the Education Officer, the Education Officer may proceed further and may also take coercive action against respondents No. 2 and 3.

6.

The Writ Petition is disposed of. No costs.

[ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde