Satyawan Haribhau Godse v. The State Of Maharashtra Thr. The Secretary School Education Department And ORS
Digitally signed by TRUPTI SADANAND BAMNE Date:
2025.11.14 15:10:43 +0530 TRUPTI SADANAND BAMNE
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14096 OF 2024 Shri Satyawan Haribhau Godse Age : 59 years, Occ: Nil, Residing at Pawarwadi, Post: Uddat, Taluka: Indapur, District: Pune ... Petitioner
Versus
1.
The State of Maharashtra (Through the secretary) School Education Department Mantralaya, Mumbai-23 2.
Deputy Director of Education, Pune Region, Pune 3.
The Education Officer (Secondary), Zilla Parishad, Pune 4.
Matoshri Ahilyadevi Shikshan Sanstha (Through its Chairman/Secretary) Anthurni, Taluka: Indapur, District: Pune 5.
Savitribai Phule Madhyamik Vidyalay, (Through its Head Master) At Anthurni, Taluka: Indapur, District: Pune 6.
Shri. Bhiwa Baji Shinde Age : 57 years, Occ: Service Working at Savitribai Phule Madhyamik Vidyalay, At Anthurni, Taluka: Indapur, District: Pune ... Respondents ...
Mr.Laxman Deshmukh for the Petitioner.
Ms.Tanu Bhatia, AGP for the Respondent -State. Mr.Rajaram V. Bansode with Ms.Sheetal M. Ubale for Respondent Nos. 4 to 6- Management.
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CORAM :
RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : NOVEMBER 13, 2025 ORAL JUDGMENT (PER : RAVINDRA V. GHUGE) 1.
Rule. Rule made returnable forthwith and heard finally, by the consent of the parties.
2.
The issue is purely as regards the non-submission of the pension proposal of the Petitioner to the appropriate authorities for clearance and commencement of the payment of pension. Hence, this matter is listed in the Special Pension Matters Board, which our Bench normally takes up on every 2nd and 4th Thursday. 3.
The Petitioner had initially collected the original service book. The learned Advocate for the management submits that, after the filing of the Petition, the Petitioner has returned the service book. A photostat copy of certain documents, including the service book (35 pages), is being handed over to the learned Advocate for the Petitioner and the learned AGP. The said compilation is taken on record and marked as 'X' for identification.
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4.
The learned Advocate for the management notices a small hitch. According to him, the Petitioner superannuated at the age of 58 years on 29/02/2025, two months prior to the actual date of superannuation, if the date of birth mentioned in the service book is taken into account. The learned Advocate for the Petitioner submits, on instructions, that the Petitioner is willing to forgo the said two months and accept his superannuation as on 29th February, 2024. The computation of 58 years can, therefore, be made on that basis. 5.
In view of the said statement, the learned Advocate for the management submits that now there is no problem. He fairly submits that, if the service book is incomplete, it shall be the responsibility of the management to ensure that the service book is completed in accordance with the applicable Pay Commission norms. Insofar as the original appointment order and approval letter, are concerned, we are keeping aside the controversy that they are missing. We direct that they shall be reconstructed on the basis of the photostat copies of the admitted approval letter and appointment letter. The Petitioner consents to such reconstruction. The management shall reconstruct the said documents within five working days from today.
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6.
We, therefore, direct that the pension proposal of the Petitioner would be tendered by the Management, to the Education Officer within 15 days from today. Thereafter, the Education Officer will forward the papers to the competent authority within one week from the date of receiving the proposal from the management. The competent authority will deal with the proposal and ensure that a decision on the quantification of pension is arrived at within 45 days thereafter.
7.
This Writ Petition is partly allowed in terms of the above directions. Rule is made partly absolute, accordingly. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) ...4