GAJRAJ MOHANLAL MOHABEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 of the Constitution of India. The petitioner is seeking following reliefs.

(2.) THE petitioner is challenging the order dated 27-12-1993 passed by the Section Officer, Government of Maharashtra, School Education Department and Deputy Director of Education, Nagpur Region, Nagpur in which he has mentioned that since the services of the petitioner were terminated from 16-11-1965 to 16-7-1977 after disciplinary action was taken against him, there was a break in the service period of the petitioner for the period of 11 year, 7 months and 23 days.

(3.) THE case of the petitioner is that he had put in 42 years of service as Assistant Teacher from 17-7-1947 to 30-6-1988. The petitioner was dismissed from service by the Secretary, Nityananad Shikshan Sanstha, Nagpur on 16-7-1977. The petitioner had preferred an appeal to the Deputy Director of Education which was partly allowed on 27-6-1978 and the order of the Secretary, Nityananad Shikshan Sanstha, Nagpur dated 16-7-1977 was set aside with a modification that the petitioner should be reinstated in the original post in the school as an Assistant Master with effect from 16-7-1977. The petitioner was, thus, given a break from the date of suspension i. e. from 23-8-1976 to 16-7-1977. The petitioner had challenged the said order of the Deputy Director of Education of allowing him to be reinstated as Assistant Master with effect from 16-7-1977 up to the High Court. However, his petition was rejected but liberty was given to the petitioner to move the Government for condonation of the period of break of service on the basis of the notification dated 11-8-1988. The Government Resolution dated 11-8-1988 specifically lays down that the breaks in service of the teaching and non-teaching staff of the non-Government and Secondary Schools respectively after 30-9-1984 and 31-12-1975 and also those breaks in service covered under the amended Government Resolution dated 14-12-1968 and total break period of 2 years and any one break not exceeding one year should be condoned.