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Bombay High Court

ASHOK BHAURAO PATILversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is disposed, with the management ordered to forward the pension proposal within four weeks and the respondent to consider it within eight weeks, without revisiting the continuity of service issue.

Summary

Ashok Bhaurao Patil filed a writ petition seeking a fresh pension proposal from the management of a school under the Zilla Parishad. The petition raised the issue of continuity in service, which the Court noted had already been decided in Writ Petition No.1036 of 2003. The Court directed the management to forward the pension proposal within four weeks and instructed Respondent No.7 to consider it within eight weeks, expressly prohibiting any further query on continuity of service. The order emphasized that the proposal must be considered in accordance with law. Consequently, the petition was disposed.

Issues considered

  • Whether the petitioner is entitled to a fresh pension proposal without revisiting the continuity of service issue
  • Whether the management must be directed to forward the proposal within a specific time frame

Subjects

  • pension
  • continuity of service
  • writ petition
  • administrative law
  • management directive

Judgment

2026:BHC-AUG:35514-DB

                                                                             77-WP.8268.2025


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                  77 WRIT PETITION NO. 8268 OF 2025

                                         Ashok Bhaurao Patil
                                               VERSUS
                                 The State of Maharashtra And Others
                                                 ...
                Mr. Syed Azizoddin, Advocate for the Petitioner
                Ms. S. S Joshi, AGP for Respondent Nos.1 to 3-State.
                Mr. Hon Ashwin Vinayak, Advocate for Respondent Nos. 4 to 6.
                Mr. Nitin Trimbak Tribhuwan, Advocate for Respondent No.7.
                                                 …

                                                  CORAM : KISHORE C. SANT &
                                                          JITENDRA JAIN, JJ.
                                                  DATE     : 11th AUGUST, 2026

                PER COURT :

                1.       Heard learned counsel for the parties.

                2.       It is stated that the Management is ready to forward the

                pension proposal of the petitioner afresh. The learned Advocate for

                Zilla Parishad makes a statement if the proposal is forwarded by the

                Management, the same will be forwarded within a period of eight

                weeks. Respondent no.7 to consider the proposal afresh within a

                period of eight weeks from the date of receipt of such proposal.

                3.       The management/school to forward the proposal within four

                weeks from today. The proposal be considered in accordance with

                law. We clarify that the proposal be considered without raising the

                query as regards continuity in service as the said issue is already

                Sayyed                                                                1/2
                                                              77-WP.8268.2025


settled by this Court by judgment dated 29.11.2016 in Writ Petition

No.1036 of 2003.

4.       In view of above, petition stands disposed off.



 (JITENDRA JAIN, J.)                             (KISHORE C. SANT, J.)




Sayyed                                                                 2/2


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