1 of 4 31.WP.13511.2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13511 OF 2025 Smt.Rajeswari Srinivas Petitioner versus Vani Vidyashala High School, Thane and others Respondents _______ Ms.Pooja Malik with A.A.Achhra for Petitioner. Smt.P.J.Gavhane, AGP, for Respondent-State. _______ CORAM: G. S. KULKARNI & AARTI SATHE, JJ. DATE: 7th July 2026 P.C. 1. This petition under Article 226 of the Constitution of India has been filed praying for the following substantive reliefs: - (a) That this Writ Petition may kindly be allowed; (b) To issue a writ of mandamus the Respondents to prepare and process the pension papers of the Petitioner having retired as a Full Time Assistant Teacher in Respondent No.1 & 2, w.e.f appointment date as 12/04/2004, by taking into consideration w.e.f from appointment date as 12/04/2004 as service on the post of Full Time Assistant Teacher in unaided secondary section from 12/06/2004 to 18/06/2008, and accordingly the Respondents be directed to pay the pension benefits along with the payment of arrears from 12/06/2004. (c) By a suitable writ, order or direction, this Hon'ble Court may be pleased to hold and declare that the Petitioner was and is entitled to receive pension benefits from the Respondents by taking into consideration the service rendered by the Petitioner as a Full Time Assistant Teacher in Respondent No.1 from unaided secondary section to aided section 12/06/2004 to 18/06/2008, and accordingly the Respondents be directed to sanction and release the pension benefits to the Petitioner on the basis of service rendered by the Petitioner, and to pay the same w.e.f. ” (d) To Issue a Writ of mandamus or any other appropriate writ order or directions in the like nature, to grant approval on the proposal of the pension which is pending and to release with all arrears in the interest of justice. (e) Pending the hearing and final disposal of this Writ Petition, this Hon'ble Court may kindly be pleased to direct the Respondent No.3 to grant approval to the proposal of pension as per continuity of service. Petitioner as Shikshan Sevak in the M.S.Thatte MANISH SURESHRAO THATTE Digitally signed by MANISH SURESHRAO THATTE Date: 2026.07.17 18:01:06 +0530 2 of 4 31.WP.13511.2025.DOC aided section from 12/06/2004 with all consequential benefits.” 2. The primary grievance of the Petitioner is that Respondent No.3 has not taken any decision/granted approval on the proposal dated 19th November 2015 preferred by the Petitioner for continuance of service and proposal dated 16th April 2025 for eligibility of pension from the date of appointment of Petitioner i.e. 12 th June 2004 as Shikshan Sevak. 3. The limited facts which need to be set out are as follows: - i. The Petitioner applied for the post of Shikshan Sevak on 5th April 2004 in Shri. Vani Vidyashala High School, Khadakpada, Kalyan, Thane (hereinafter referred to as the “School”). The Petitioner was appointed on the said post as Shikshan Sevak on 12th June 2004, however, the Petitioner was soon transferred to unaided secondary section without the knowledge of the Petitioner. ii. On 21st December 2004, Respondent No.3 approved two teachers as Shikshan Sevak in the aided section of School after the appointment of the Petitioner. iii. Sometime in the year 2011, Respondent Nos. 1 and 2 sent a communication to Respondent No.3 for continuation of the service of the Petitioner from the year 2004. However, the aforesaid communication/letter was received by Respondent No.3 on 4th April 2018 and hence the same remain undecided. iv. Respondent No.2 again sent a reminder to Respondent No.3 for continuation of service of the Petitioner from the year 2004 and the said reminder was received by Respondent No.3 on 4th July 2018. M.S.Thatte 3 of 4 31.WP.13511.2025.DOC v. Respondent No.3 sent a communication dated 3rd June 2016 for submission of certain documents in order to decide the proposal dated 19th November 2015 which was sent earlier as referred above, regarding the continuation of services of the Petitioner. vi. Respondent No.1 informed Respondent No.3 about the submissions of the necessary documents vide letter dated 11th June 2019 in respect of the proposal dated 19th November, 2015 vii. Thereafter, the Respondent No.3 issued a notice sometime in 2022 to give a hearing to Respondent Nos. 1 and 2 in respect of the continuation of service of the Petitioner. Prior to that, Respondent Nos. 1 and 2 had issued a communication in 2019 stating that the Petitioner was teaching Maths subject from June 2004 in the said school. viii. Respondent Nos.1 and 2 passed a resolution in the school committee held on 6th March 2025 to decide on ex-post facto approval of the Petitioner’s appointment from 12th June 2004 to 18th June 2008. Thereafter, Respondent Nos. 1 and 2 submitted the proposal for pension of Petitioner dated 16th April 2025 before Respondent No.3. 4. It is the Petitioners contention that the aforesaid proposal dated 19th June 2015 for continuation of service of Petitioner and 16th April 2025 have so far not been decided by Respondent No.3. It is therefore the contention of the Petitioner that these proposals, especially the proposal for continuation of service, which are pending for long needs to be decided expeditiously as the same affects the Petitioners right. M.S.Thatte 4 of 4 31.WP.13511.2025.DOC 5. Considering the limited reliefs as prayed for, we are of the view that the aforesaid proposals are required to be heard expeditiously and in accordance with law and as per the mandate of law by Respondent No.3. We therefore deem it appropriate to pass the following order which will serve the ends of justice: - ORDER (i) Respondent No.3 i.e. Education Officer (Secondary), Zilla Parishad, Thane to consider and decide the pending proposal dated 19th November 2015 and 16th April 2025 as expeditiously as possible preferably within a period of 4 weeks from the date this order is made available to the concerned Respondent. (ii) Let all parties be heard prior to considering the aforesaid proposals. (iii) All rights and contentions of the parties are expressly kept open. (iv) Writ Petition is disposed of in the aforesaid terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.) M.S.Thatte