16.wp.3736.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3736 OF 2009 Bacchav Babybai Sahebrao. ..Petitioner. Versus Gram Vikas Seva Mandal and 3 others. ..Respondents. .... Mr.N.R. Bubna, Advocate for the petitioners. Ms.Kumud Bhatia, Advocate for respondent No.1. .... CORAM : D.K. DESHMUKH, AND K.K. TATED, JJ. DATED : 9TH DECEMBER, 2009 P.C.:- 1. The petitioner by this Petition basically makes a grievance against the resolution dated 15th October, 2007 passed by the Management of a private recognized school to treat the period from 12.10.2002 till 17.1.2005 as non-duty period. The husband of the petitioner was in the service of the respondent Management. A prosecution was launched against him. As a result of which, after approval from the Education Department he was placed under suspension 16.wp.3736.09 2 w.e.f. 12.10.2002. While the prosecution was pending, he died on 18.1.2005. The Management therefore passed a resolution that the papers for his pension should be submitted treating the period from 12.10.2002 till 17.1.2005 as non-duty period because during that period he has not worked and he has not been paid and that period should be treated as leave without pay. In the affidavit filed on behalf of the respondent, categorical statement has been made that the petitioner has given consent to the Management for treating the above referred period as leave without pay. Affidavit of the Management was filed in the month of October, 2009. The petitioner has chosen not to dispute this statement by filing rejoinder. Therefore, we will have to go by the statement on oath made by the Management that with consent of the petitioner the resolution is passed. Petition is, therefore, rejected. (D.K.DESHMUKH,J) (K.K. TATED,J)