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Bombay High Court

JANARDHAN PYARELAL DUBEYversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND 6 ORS.

Decided
Disposal
DISPOSED OFF

Holding

The petitioner’s service is deemed continuous without any break, making him entitled to pension, retirement dues, and senior pay‑scale benefits.

Summary

The petitioner, Janardhan Pyarelal Dubey, was an employee of an institution that was later de‑recognised, but he was not held responsible for that de‑recognition and was treated as a surplus employee and subsequently absorbed, superannuating on 31 January 2019. The petitioner sought confirmation that there was no break in his service and that he was entitled to pension, retirement dues and senior pay scale benefits. The Court examined communications between the Education Inspector and the school management showing that deficiencies leading to de‑recognition had been remedied. It held that the petitioner’s service could not be treated as terminated and therefore no break in service existed. Accordingly, the Court directed that the pension proposal be approved within 15 days, with arrears paid by 15 June 2026, and that any senior pay‑scale entitlement be determined within 45 days. The petition and the related interim application were disposed of with these directions.

Issues considered

  • Whether the de‑recognition of the institution resulted in a break in the petitioner’s service.
  • Whether the petitioner is entitled to pension and retirement benefits despite the de‑recognition.
  • Whether the petitioner is eligible for senior pay‑scale benefits of the post of Assistant Teacher.

Subjects

  • service continuity
  • de‑recognition
  • pension
  • break in service
  • absorption
  • senior pay scale
  • retirement benefits

Judgment

                                                                         916-WP-1169-2025+.odt



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               ORDINARY ORIGINAL CIVIL JURISDICTION

       Digitally
       signed by                    WRIT PETITION NO.1169 OF 2025
       SONALI
SONALI MILIND                                  WITH
MILIND PATIL
PATIL Date:
       2026.03.25
                                 INTERIM APPLICATION NO.2389 OF 2023
       14:29:14
       +0530
                    Janardhan Pyarelal Dubey                             ….Petitioner
                             Versus
                    The State of Maharashtra & Ors.                      ….Respondents

                                                      ...
                    Mr. Rakeshkumar P. Saroj, Advocate for the Petitioner.
                    Mr. Manish Upadhye, AGP for Respondent Nos.1 to 5-State.
                    Mr. Nitesh Bhutekar a/w. Mr. Aaditya Mahamiya, Advocates for
                    Respondent Nos.6 and 7.
                                                      ...
                                                 CORAM : RAVINDRA V. GHUGE
                                                                &
                                                         ABHAY J. MANTRI, JJ.

                                                  DATE         : 24th MARCH, 2026

                    P.C.:

                    1.          We have heard the learned Advocates for the respective

                    sides. It is undisputed that the Petitioner is not held responsible for

                    the reasons leading to the de-recognition of the institution. Legally,

                    he is, therefore, entitled for being treated as being surplus and for

                    absorption. Consequentially, the Petitioner’s service is neither

                    terminated nor is there any break, since he is not held responsible

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                                                    916-WP-1169-2025+.odt



for the de-recognition of the institution. The Petitioner was

subsequently absorbed and he has superannuated on 31st January,

2019.



2.           Our last order dated 18th March, 2026 has activated the

State Department as well as the Management. The learned AGP

tenders a compilation of three communications (4 pages) which are

collectively marked as ‘X-1’ for identification. On 30th May, 2023,

the Education Inspector addressed the management as regards

certain deficiencies. The learned Advocate for the Petitioner has

tendered a photostat copy of a communication dated 3 rd July, 2023

addressed by the In-charge Head-Master of the School to the

Education Inspector, communicating that all the deficiencies have

been removed. The same is marked as ‘X-2’ for identification.



3.           In view of the above, the path for granting approval to

the proposal seeking condonation of a purported break in service of

the Petitioner, is cleared in view of our observation that the service

of the Petitioner can neither be treated as being terminated, nor there

being any break in his service.




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4.            The learned AGP submits that in the light of the above

observations, the approval to the pension proposal of the Petitioner

would be granted, within 10 days. This statement is made on

instructions from the Education Inspector.



5.            Considering the above, we direct that the approval to

the pension proposal and all claims of retirement dues, would be

granted within 15 days from today. Thereafter, the regular payment

of pension of the Petitioner would commence from the pension pay

day in the month of May 2026. All retirement monetary benefits and

arrears of pension would be paid to the Petitioner on or before 15 th

June, 2026.



6.            If the issue of grant of senior pay scale of the post of

Assistant Teacher was dependent on the issue of whether the

Petitioner has suffered a break in service, in view of the above

directions, the said issue would also be dealt with and settled by

following the due procedure, within a period of 45 days from today.

Arrears will be calculated on the basis of such pay scale if the

Petitioner is entitled to.




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7.           With the above directions, the Petition is disposed off.



8.           In view of the disposal of the Petition, the Interim

Application is also disposed off.



9.           List this disposed off Petition to record stage-wise

compliance on 24th April, 2026 in the ‘Urgent Supplementary

Board’.



10.          We make it clear that if there is any default on the part

of the State Authorities, we would consider the conduct of the

concerned officer as being an act of disobedience and then would

initiate strict action against the concerned officer.




(ABHAY J. MANTRI, J.)                     (RAVINDRA V. GHUGE, J.)




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