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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