1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.903 OF 1997 Mrs.Smita Prabhakar Mokashi. ...Petitioner Vs. 1.Swami Muktanand High School and others. ...Respondents. --- Mr.S.L.Kapse, for Petitioner. Mr.R.Y.More, for Respondents. --- CORAM: D.K.DESHMUKH & R.S.MOHITE, JJ. DATED: 21st April, 2009. P.C.:- 1. By this petition, the petitioner challenges the communication dated 26.8.1996 from the Education Inspector, declining to condone the breaks in service of the petitioner for the purpose of pension because the breaks have occurred after 30.9.1974. That condition has been laid down by Government Resolution 2 dated 12.11.1976. The Government Resolution delegates the power of condoning breaks in services of teachers working in non-Government aided secondary school to the Secretary. The power is given to the Secretary to condone the breaks if the breaks have occurred before 30.9.1974. The petitioner submits that the date 30.9.1974 fixed by the Government Resolution dated 12.11.1976 is invalid. According to him, fixing of date is arbitrary and is in violation of the guarantee given in Article 14 of the Constitution of India. Perusal of the affidavit filed on behalf of the Government shows that the policy of giving pension to the teachers working in secondary schools was adopted by the Government in the year 1968 and thereafter, the provision was made for condoning technical breaks in service, and thereafter, in the year 1976 the Government took a policy decision that the breaks in service that have occurred only upto 30.9.1974 can only be condoned by the Secretary. 2. In our opinion, it being a policy decision, no exception can be taken to it. The Supreme Court has held that if there is an element of arbitrariness in fixing the date, the order of the Government 3 fixing a particular date for making its policy effective can be challenged only on the ground that the date has no nexus with the purpose sought to be achieved by fixing date. In the present case, the purpose for fixing date was for conferring power on the Secretary to condone breaks in services so that teachers become entitled to pension. The purpose behind fixing date by the policy of the Government regarding fixing pension was well known that till that date the breaks will be condoned and any breaks thereafter will not be condoned. 3. We do not see any substance in the petition. We find that the order of the Division Bench of this Court asking the Government to condone the breaks was set aside by the Supreme Court by its judgment dated 3.1.2008 in the case “State of Maharashtra & others Vs. Shubhada Anant Karve & others” on the ground that the High Court directed the Government to act contrary to their policy decision contained in Government Circular. In our opinion, no exception can be taken to the policy decision contained in the Government Circular. The petition has no substance. It fails and is dismissed. Rule discharged. No order as to costs. 4 (D.K.DESHMUKH, J.) (R.S.MOHITE,J.) ---