Abdul Salim Abdul Quaiyum v. State Of Mah., Through Its Secretary, Dept. Of School Edu. And Sports And 4 Others

Order 1403caw617.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.W.NO.617/2016 IN W.P.NO. 620/2015.

Abdul Salim Abdul Quaiyum.

-VERSUSThe State of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ.

DATE : MARCH 14, 2016.

Heard Shri B.G. Kulkarni, learned Counsel for the applicants, Ms. Naik, learned A.G.P. for respondent nos. 1 and 2 and Shri P.A. Kadu, learned Counsel for respondent no.3, for some time.

2.

Shri Kadu, learned counsel points out that an order granting approval passed on 04.08.2012 is sought to be assailed now by amendment.

3.

During hearing, we find that the petitioner has sought clubbing of his earlier service i.e. the service with earlier grant-in-aid school with present service, so as to enable him to claim pension as per the

Order 1403caw617.16 Maharashtra Civil Services (Pension) Rules, 1982. 4.

Shri Kadu, learned counsel is strongly opposing the prayer for amendment. He points out that the petitioner has tendered resignation in that school and therefore, earlier service is forfeited. 5.

Merits of this amendment cannot be looked at this stage. We therefore, keep the contention of Shri Kadu, learned counsel open. Civil Application is allowed and disposed of. Necessary amendment be carried out within a period of one week. Liberty to respondents to file additional affidavit if any, within a further period of two weeks. 6.

Office to list the matter for further consideration on 05.04.2016.

JUDGE JUDGE Rgd.