VASANT HIRAJI KADDO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner seeks (i) quashing of the communication dated 4.1.1998 made by under Secretary, Government of Maharashtra (respondent No. 1) to the petitioner and the communication dated 2.3.1998 by the Deputy Director of Education, Nagpur Region, Nagpur (respondent No. 3) to the Head Master, Yugantar Mahiya Vidyalaya, Nagpur in respect of condoning the break in service period of the petitioner and (ii) directing the respondents to condone the break in service of the petitioner on par with two other employees and finalise the pension of the petitioner accordingly.

(2.) The facts which gave rise to the present petition are all admitted and they are as under:-

(3.) Even before his retirement, the petitioner made a representation to the Education Officer, Zilla Parishad, Nagpur on 30.11.1987 for condoning the said break in his service period. The case of the petitioner was also recommended by the Education Officer as well as Deputy Director of Education to the Government. However, by communication dated Nil July, 1992 the Education Department informed the petitioner its regret that the break in service during the period from 1.5.1974 to 13.8.1976 cannot be condoned as per the prevailing rules. Thereafter the petitioner made several representations to the Secretary, Education Department, Bombay. However, by communications dated 4.1.1998 and 2.3.1998 the petitioner was informed that the break in his service cannot be condoned. The petitioner has challenged those communications.