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Bombay High Court

DATTA KEDARNATH ROKADEversusTHE STATE OF MAHARASHTRA THR. ITS SECRETARY SCHOOL EDUCATION AND SPORTS DEPARTMENT AND ORS

Decided
Disposal
Disposed Off

Holding

The court held that the designated officer must consider the petitioner's proposal for condonation of break in service and pass appropriate orders within four weeks.

Summary

The petitioner filed a writ petition under Article 226 seeking a mandamus directing the State of Maharashtra's School Education Department to consider a proposal dated 28 January 2025 for condoning a break in his service, based on service book entries, certificate, and prior approval. The court examined whether the authority was bound to consider the proposal under applicable service rules. Finding no impediment, the court ordered that the designated officer must consider the proposal and issue appropriate orders within four weeks. The petition was disposed with the direction, and all contentions of the parties were kept open. No costs were awarded.

Issues considered

  • Whether the respondent authority is obligated to consider the petitioner's proposal for condonation of break in service under the law.

Subjects

  • Article 226
  • writ of mandamus
  • condonation of break in service
  • service book
  • education department
  • public service rules

Judgment

                                                                                                       401-WP-11108-25.DOC



                                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                      CIVIL APPELLATE JURISDICTION
                                                     WRIT PETITION NO.11108 OF 2025
                              Datta Kedarnath Rokade                                             ...Petitioner
                                    Versus
                              The State of Maharashtra Thr. Its Secretary
                              School Education and Sports Department & Ors.                      ...Respondents

                              Mr.Rajaram Deshmukh a/w. Ms. Ankita Salvi for the Petitioner.
                              Mr. S. H. Kankal, AGP for Respondent-State.

                                                                    CORAM:        G. S. KULKARNI &
                                                                                  DR. NEELA GOKHALE, JJ.
                                                                    DATE:         16 SEPTEMBER 2026
                              P.C.

                              1.       This petition is under Article 226 of the Constitution of India praying for
                              the only substantive relief as prayed for in prayer clause (a) being the prayer which
                              is pressed. Hence the other prayers are not being considered. Prayer clause (a),
                              which reads thus:

                                    “That this Honourable Court be pleased to issue a writ mandamus or writ in the
                                    nature of mandamus or any other appropriate writ direction and order under
                                    Article 226 of the Constitution of India, 1950, thereby pleased to direct the
                                    Respondent No.2 to consider the proposal dated 28/1/2025 made by the
                                    petitioner thereby condone the break in service by considering the service book
                                    entries, service certificate and approval granted by the Respondent Authority in
                                    earlier school.”

                              2.       As the only prayer is to direct the respondent to consider the proposal dated
                              28 January 2025 made by the petitioner for condoning the break in service, let the
                              same be considered by the Designated Officer in accordance with law and
                              appropriate orders in that regard be passed within a period of four weeks from
                              today.

                              3.       Petition is disposed of in the aforesaid terms.

                              4.       All contentions of the parties in that regard are expressly kept open.

           Digitally signed
           by
           RAJESHWARI
RAJESHWARI SUBODH
                              5.       No costs.
SUBODH     KARVE
KARVE      Date:
           2026.09.21
           11:59:19 +0530


                              (DR. NEELA GOKHALE, J.)                                    (G. S. KULKARNI, J.)


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