JIBHAU ZIPRU BORSEversusTHE STATE OF MAHARASHTRA THROU. THE SEC. DEPT OF EDUCATION AND SPORTS AND ORS

                                                                            14 WP 10212-24.DOC



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO. 10212 OF 2024


Jibhau Zipru Borse                                                  ...Petitioner
       Versus
The State of Maharashtra & Ors.                                     ...Respondents
                                  _______
Mr. Sanjeev Deore a/w Suchita Pawar, Aditya Deore, Arman Ansari, Shamshad Ali
for Petitioner.
Mr. P. P. Kakade, Addl.G.P. a/w V. G. Bagujar, AGP for Respondent-State.
                                         _______

                                      CORAM:         G. S. KULKARNI &
                                                     AARTI SATHE, JJ.

                                      DATE:          27 JULY 2026

P.C.

1.          This petition under Article 226 of the Constitution of India is filed

praying for the following substantive reliefs:-


          “(a) This Hon'ble Court be pleased to exercise the jurisdiction vested in
          it under Art 226 of Constitution of India and issue a writ of mandamus
          or any other appropriate directions/writ/order whereby quashing and
          setting aside the 08.02.2024. AND/OR

          (b) This Hon'ble Court be pleased to exercise the jurisdiction vested in
          it under Art 226 of Constitution of India and issue a writ of mandamus
          or any other appropriate directions/writ/order whereby directing the
          Respondent No-2 to grant/accord approval to the Petitioner as Head
          master on permanent basis w.e.f. 01.10.2022. AND/OR

          (c) This Hon'ble Court be pleased to exercise the jurisdiction vested in
          it under Art 226 of Constitution of India and issue a writ of mandamus
          or any other appropriate directions/writ/order whereby directing the
          Respondent No-1 and 2 to put the Petitioner on the pay scale of Head
          master and grant him the salary on the scale of Head master w.e.f.
          01.10.2022 and thereafter to pay the arrears of the Petitioner as Head
          master w.e.f. 01.10.2022.”



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2.         Although, the Petitioner has prayed for quashing and setting aside of

the order dated 8th February 2024 passed by Respondent No.2- Education Officer

(Secondary), Zilla Parishad, Nashik, whereby Respondent No.2- Education Officer

has granted temporary approval to the Petitioner’s Appointment as a Headmaster

instead of permanent approval, the relief which the Petitioner seeks today with

respect to the pension which is due to the Petitioner, who has retired on 31 st May

2026.


3.         It is the Petitioner's contention that, on account of the dispute within

the Respondent No. 3 - Management/School, the proposal for sanction of the

Petitioner's pensionary benefits has not been forwarded by the Respondent No. 3 -

School to the concerned statutory authorities. In view thereof, it is the Petitioner’s

contention that the said proposal be sent to the concerned authorities i.e.

Respondent No.2 - Education Officer.


4.         The limited facts in the present Petition are that on 14 th June 1993, the

Petitioner was appointed as an Assistant Teacher in Respondent No.3-

Management/School with effect from the said date and was granted approval as

Assistant Teacher by Respondent No.2- Education Officer on 30 th September

1993. On 1st October 2022, the Petitioner was promoted as the Headmaster in

accordance with the seniority list upon the retirement of the erstwhile Headmaster

on 30th September 2022. Thereafter, on various occasions during the years 2023

and 2024, the Petitioner requested Respondent No. 2- Education Officer to grant

permanent approval to his appointment as Headmaster. However, as noted above,



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Respondent No. 2 continued to grant only temporary approval and did not accord

permanent approval.

5.        In view of the fact that the Petitioner retired from service on 31 st May 2026,

the only surviving grievance in the present petition pertains to the forwarding of

the Petitioner's pension proposal by the Respondent No. 3 - Management/School,

to the competent authority, namely Respondent No. 2-Education Officer, for

processing and sanctioning the Petitioner's pensionary benefits.

6.            In view of the limited relief prayed by the Petitioner in the present

petition and although there being no written opposition/reply of the Respondents

and considering the nature of the orders which we propose to pass, no prejudice

would be caused to the Respondents. The following order would serve the ends of

justice: -

                                             ORDER

i.        Respondent No.3- Management/School is directed to send the pension

proposal of the Petitioner to Respondent No.2 as expeditiously as possible,

preferably within a period of six weeks from the date this order is made available to

the said Respondent by the Petitioner. We have not examined any other issue.

ii.       Let all the parties be heard.

iii.      All rights and contentions of the parties are expressly kept open.

iv.       The petition is disposed of accordingly. No costs.




          (AARTI SATHE, J.)                             (G. S. KULKARNI, J.)



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