Suresh S/O Marotrao Thanekar v. Shivaji Education Society, Through Its President, Shri V.D. Patil, Pusad And Others

Order 3001cao88.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.O.NO. 88/2014 AND M.C.A.ST.NO.23050/2013 IN W.P.NO.1387/1995.

Shri Suresh Marotrao Thanekar

VERSUS

Shivaji Education Society, Pusad and others.

_____________________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B. P. DHARMADHIKARI AND A.B. CHAUDHARI, JJ.

DATED : JANUARY 30, 2015.

Heard Shri P.S. Patil, learned Counsel for the applicant.

Prayer is to condone delay of 195 days in filing Misc. Civil Application. In Misc. Civil Application prayer is to review order dated 09.05.2013, disposing of the writ petition no. 1387/1995.

Before issuing notice to non-applicants and in order to satisfy ourselves that in prayer for review,

Order 3001cao88.14 there is some merit, we have called upon the learned counsel for the applicant to formulate points for review.

Submission is, in terms of paragraph no.7[2] of Annexure-34 of Secondary School Code, actual period of service to be rendered in School, after such termination is wiped out. We have therefore, requested the learned counsel to elaborate the contention. We find that after termination such person cannot continue in service, and as such there is no question of calculating the period thereafter till his attaining the age of superannuation under paragraph no. 7[2].

To us provision is very clear and it disentitles the applicant to pension. No case is, therefore, made out. As such, we are not inclined to issue notice. Civil Application as also Misc. Civil Application, both are therefore, rejected. No cost.

JUDGE JUDGE Rgd