1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Writ Petition No. 1700 of 2008 (Janardan Ukandrao Bhagat vs. State and Ors.) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : D.D.Sinha and C.L.Pangarkar, JJ. DATE : 2.7.2008. Heard Mr.Anand Parchure, Adv. for Petitioner and Mr.N.W.Sambre, Government Pleader for Respondent Nos. 1 to 5. Grievance of the petitioner in the present case is about the communication dt. 21.12.2004 issued by the Divisional Social Welfare Officer, Amravati Division, Amravati whereby the petitioner was informed that, the proposal for condoning the break in service of the petitioner cannot be accepted. The learned Government Pleader has submitted that, in view of Rule 48 (1) ( C ) of the Maharashtra Civil Services (Pension) Rules, 1982, such condonation of break in service is not permissible. Counsel for the petitioner disputes this aspect of the matter and seeks permission to withdraw present petition with liberty to make representation to the respondent no.1 against the impugned communication dt. 21.12.2004 within a period of fifteen days and 2 prayed that direction be given to respondent no.1 to decide the same according to law and on its own merits. Since we are permitting the petitioner to approach respondent no.1, it is not necessary for us to ad-judicate upon the issue on merits and it is for respondent no.1 to consider all these aspects while taking decision on the representation of the petitioner. The Writ Petition is disposed of with a direction to respondent no.1 to decide the representation of the petitioner, according to law and procedure applicable in this regard, within a period of six weeks from the date of receipt of representation of the petitioner. JUDGE JUDGE ssj