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Bombay High CourtWP/811/2019dismissed

Shri Ignatius S/O Anthony Bastian v. Education Officer (Primary), Zilla Parishad, Nagpur And 2 Others

2025-01-03Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Mrs. Justice Vrushali V. Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 811 OF 2019 Ignatius s/o Anthony Bastian Vs.

Education Officer (Primary), Zilla Parishad, Nagpur and Ors. ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- None for petitioner.

Mr. Ajinkya Joshi, Advocate h/f Mr. S.N. Gaikwad, Advocate for respondent No.1.

Mr. A.Z. Jibhkate, Advocate for respondent No.1. Ms. Sangita Jachak, AGP for respondent No.3.

CORAM : NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, JJ.

DATE : 03.01.2025.

None for the petitioner.

2.

Having heard the respective counsel for the respondents, it is a fact borne out of record that post departmental proceedings the petitioner was removed from the service, which was not questioned by him. So as to substantiate this claim, the petitioner is relying on the fact of pendency of the criminal proceedings. Once the order of removal has attained finality, the effect of Rule 45 of the Maharashtra Civil Services Pension Rules, 1982, will be attracted which disentitles the petitioner for the Prity

2 / 2 25.wp811.2019 release of provisional pension. That being so, no case for further interference is made out. The petition stands dismissed.

(Mrs. Vrushali V. Joshi, J.) (Nitin W. Sambre, J.) Prity