SHAIKH MUSHTAQUE AHMED JANMOHAMMED Vs. STATE OF MAHARASHTRA, THROUGH ITS SECRETARY TO GOV
LAWS(BOM)-2017-12-308
HIGH COURT OF BOMBAY
Decided on December 06,2017

Shaikh Mushtaque Ahmed Janmohammed Appellant
VERSUS
State Of Maharashtra, Through Its Secretary To Gov Respondents

JUDGEMENT

Sunil P. Deshmukh, J. - (1.) Heard learned counsel for appearing parties.
(2.) Petitioner is before the court, challenging validity of circular dated 10-05-1989 of the Department of Education and Employment, Government of Maharashtra issued further to earlier Government Resolutions, clarifying in the same, authorities vested with powers to condone break in service for a period of 1/5th of the admissible qualifying service of member of teaching and non-teaching staff in non aided secondary schools, and further purports to challenge competence of the officer viz; Superintendent, (Secondary) Salary and Provident Fund Inspection Unit, Ahmednagar, to make adverse endorsement dated 05-04-2008 on proposal forwarded by management for condonation of break in petitioner's service.
(3.) Learned counsel appearing on behalf of petitioner Mr. G. R. Syed submits that had interruption in service from 1982 to 1994 been condoned, perhaps petitioner would have been able to secure more pensionary benefits than the ones those have been granted to him. He submits that even otherwise, communication/endorsement dated 05-04- 2008 on proposal by management for condonation of break in service is untenable, for, that would be in colourable exercise of power looking at the purport underlying the government circular dated 10-05-1989 since the power vests with the officer of the rank of Deputy Director of Education whereas, communication / endorsement dated 05-04-2008 had been made by the officer of lower rank i.e. Superintendent and, as such, the same is not in accordance with provisions of the relevant rules and said circular. He further purports to challenge validity of the circular.;


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