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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