Asaram Kanashi Patil v. Education Inspector, North Division, Greater Mumbai And 4 ORS

6-wp-937-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.937 OF 2024 Asaram Kanashi Patil ... Petitioner

Versus

Education Inspector, North Division, Greater Mumbai and Others ... Respondents Digitally signed by VISHAL SUBHASH PAREKAR Date:

2026.04.01 10:22:13 +0530 ------- VISHAL SUBHASH PAREKAR Mr. Suraj Gadkari, Advocates for the Petitioner Mr. Mani Thevar a/w. Mr. Suraj Iyer i/b. Ganesh & Co., for Respondent Nos. 3 and 4.

Mr. Himanshu Takke, AGP for the State.

Mr. Rajesh Kankal, Dy. Director of Respondent No. 2 present. Mr. Mushtaq Shaikh, Education Inspector of Respondent No. 1 present. CORAM :

RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.

DATE :

30th MARCH, 2026 P.C:

1.

Pursuant to the order dated 26th March, 2026, the learned AGP tenders a photostat copy of the communication dated 27th March, 2026 forwarded by the Education Inspector, Brihanmumbai North Division to the Auditor General. The same is taken on record and marked as 'X-1' for identification.

2.

In view of above, we direct the Auditor General to clear the proposal of the Petitioner for pension, on or before 10th April, 2026. The Vishal Parekar ...1

6-wp-937-2024.odt payment of pension would commence from the pension pay day in May, 2026. The arrears of pension shall be calculated and shall be paid to the Petitioner on or before 15th June, 2026.

3.

In so far as the issue as regards the non-payment of 11 month's salary is concerned, the learned AGP submits that the Authority has considered the rival contentions and noticed that the Petitioner has not worked and the principle of 'no work no pay' is applicable. On this count, we leave it open to the Petitioner to assail the said conclusion as may be permissible in law. All contentions of all the parties are kept open. 4.

With the above directions, this Petition is disposed off. 5.

In the event the Petitioner finds that any of the above directions are not complied, liberty to circulate the disposed off Petition for directions.

(ABHAY MANTRI, J.) (RAVINDRA V. GHUGE, J.) Vishal Parekar ...2