1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3239 OF 2008 Shri.Dattatraya Dhondiba Desai ...Petitioner. vs. 1.The State of Maharashtra & ors. ...Respondents. --- Mr.S.P.Kadam,for Petitioner. Mr.S.N.Bhosale, AGP for Respondent nos.1 & 2. Mr.Amit Borkar, for Respondent no.3. CORAM: D.K.DESHMUKH & K.K.TATED, JJ. DATED: 3rd November,2009 P.C.:- 1. Rule returnable forthwith. Heard finally by consent of parties. 2. By this petition, the petitioner challenges 2 the order dated 29.8.2007 passed by the State Government. By that order, the State Government has declined to condone the break in service of the petitioner from 1.8.1988 to 18.9.1989 for the purpose of pension. The grievance of the petitioner is that though the Government has declined to condone the break in the service of the petitioner, in the case of other similarly situated teachers the State Government has condoned the breaks. The order in the case of Mr.B.D.Patil dated 18.3.2004 condoning the break in his service has been placed on record. Specific averments have also been made in the petition that there is parity in the case of the petitioner and said Mr.B.D.Patil. Though the State Government has filed its reply, it has nowhere been explained as to why the break in the service of Mr.B.D.Patil has been condoned and in the case of petitioner why it has not been condoned. In this view of the matter therefore, in our opinion, the following order would meet the ends of justice:- The order dated 29.8.2007 is set aside. The 3 State Government is directed to consider afresh the request of the petitioner for condonation of break in his service for the purpose of pension. For that purpose, the State Government shall also take into consideration any additional material that may be placed by the petitioner before the State Government. The State Government shall dispose of the application/representation of the petitioner by a reasoned order. The order shall be made by the State Government within a period of three months from today. The petitioner to submit any additional representation that he wishes to submit, within a period of four weeks from today. Rule is made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J.) (K.K.TATED, J.)