ARUNA SEGA GAVITversusTHE STATE OF MAHARASHTRA AND OTHERS

2026:BHC-AUG:8128
                                               1                        929WP495.2026.odt

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                929 WRIT PETITION NO. 495 OF 2026

                                           Aruna Sega Gavit
                                                VERSUS
                                 The State Of Maharashtra And Others

                                                  ...
               Mr. Ashwin V. Hon - Advocate for the Petitioner
               Mr. S. B. Narwade - AGP for State
                                                  ...

                                         CORAM :        SMT. VIBHA KANKANWADI
                                                                AND
                                                        HITEN S. VENEGAVKAR, JJ.
                                         DATED :        17TH FEBRUARY, 2026


               ORAL ORDER [Per Hiten S. Venegavkar, J.] :-


               1.           By the present petition, the Petitioner seeks directions to

               Respondent Nos. 3 and 4 to forthwith submit the pension proposal of

               the Petitioner to Respondent No. 2, Education Officer (Secondary), Zilla

               Parishad, Nandurbar, as per the communication dated 28.07.2025. He

               further seeks directions to Respondent No. 2 / Education Officer

               (Secondary), Zilla Parishad, Nandurbar, to forthwith consider and grant

               pensionary benefits to the Petitioner.



               2.           The Petitioner states that the Petitioner was initially

               appointed on 14.06.1996 as an Assistant Teacher in the school of

               Respondent No. 4. The Petitioner joined her services from the said date

               of appointment and successfully obtained her B.Ed. degree during her
                                  2                             929WP495.2026.odt

service in the year 2001. The Petitioner was thereafter appointed to a

clearly vacant post of Assistant Teacher for a period of two years on

probation, and after the probation period was completed, she was

deemed to have been confirmed in accordance with the provisions of

Section 5 of the Maharashtra Employees of Private Schools (Conditions

of Service) Regulation Act, 1977, and the Rules of 1981 [hereinafter

referred to as ‘MEPS Act and Rules’].



3.           There   has   been       a   chequered   history     between    the

Management and the Petitioner, which has been mentioned in detail in

the order dated 12.03.2025 passed in Writ Petition No. 9338 of 2022 by

the Single Bench of this Court, and hence, we do not reiterate the same

in the present order. However, it is a matter of record that the Petitioner,

who had otherwise been terminated, challenged the termination before

the School Tribunal, and subsequently the said termination reached this

Court in the above-referred Writ Petition, where the Single Bench of this

Court set aside the termination order, thereby reinstating the Petitioner

in service with continuity of service but without back wages, with the

further direction that any unpaid salary claimed by the Petitioner be

paid within eight weeks, if not already paid.



4.           Now that the Petitioner has retired from service, the

Petitioner has preferred a representation addressed to the Principal of
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Respondent No. 4, as well as a representation dated 27.06.2025,

requesting the Respondent authorities to forward her pension proposal

to the Education Officer. It is submitted by the learned Advocate

appearing for the Petitioner that the pension proposal of the Petitioner,

till date, has not been forwarded to the Education Officer (Secondary),

Zilla Parishad, Nandurbar, and the same is still pending with Respondent

No. 4.



5.            Respondent No. 4 has sought guidance from Respondent

No. 2 / Education Officer regarding the pension proposal of the

Petitioner, which was duly replied to by Respondent No. 2 on

20.07.2025, thereby directing Respondent No. 4 to forward the pension

proposal of the Petitioner. However, till date, Respondent No. 4 has not

complied with the directions issued by Respondent No. 2 on 20.07.2025

and is still holding the pension proposal of the Petitioner with him.



6.            We, therefore, direct Respondent Nos. 3 and 4 to

immediately forward the pension proposal of the Petitioner to

Respondent No. 2 in accordance with the directions issued by

Respondent No. 2 on 20.07.2025. We further direct that Respondent No.

2 shall then forward the pension proposal of the Petitioner to the

appropriate authorities within a period of four (4) weeks from the date

of its receipt.
                                                          4                         929WP495.2026.odt




                             7.         With the above directions, the Writ Petition stands disposed

                             of.



                              [HITEN S. VENEGAVKAR]                  [SMT. VIBHA KANKANWADI]
                                     JUDGE                                    JUDGE




                             SG Punde




Signed by: Sandeep Gulabrao Punde
Designation: PS To Honourable Judge
Date: 25/02/2026 11:03:29