1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.4491 OF 2007 (Mohd. Masih s/o Mohd Sami vs. State and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND SMT. VASANTI A. NAIK, JJ. DATED : FEBRUARY 25, 2008 Heard Shri Joshi, learned Counsel for the petitioner, and Shri Sohoni, learned Counsel for the respondent nos.3 and 4. Shri Joshi, learned Counsel for the petitioner, states that the grievance of the petitioner in the present petition is that his pension case has not been forwarded by the respondent nos. 3 and 4 to the respondent no.2 Education Officer for considering eligibility for grant of pension and pensionary benefits to him. The respondent nos. 3 and 4 have filed written submissions and in para (4) thereof it is mentioned that pension case 2 of the petitioner could not be forwarded for want of following certificates : “non-occurrence certificate, no event certificate, T.A.P. certificate, certificate of departmental enquiry, no due certificate and pensioner's written consent for recovery.” Shri Sohoni, learned Counsel for the respondent nos. 3 and 4, states that if petitioner submits aforesaid certificates, his case would be forwarded to the Education Officer for necessary action. Shri Joshi, learned Counsel for the petitioner, states that above referred certificates are required to be issued by the Head Master of the School to the petitioner and petitioner has already made application on 14.12.2007 for issuance of the said certificates and as soon as said certificates are received, they will be re-submitted to the Head Master for sending pension case of the petitioner to the respondent no.2 for taking necessary decision. In the backdrop of the above referred facts, we see no propriety why 3 Head Master of the School should ask for the certificates when they are in his custody. Be that as it may, since procedure in this regard is not challenged in the present petition, it is not necessary for us to go into this aspect of the matter. However, as soon as certificates are re- submitted by the petitioner to the Head Master, we expect Head Master to forward pension case of the petitioner to the Education Officer at the earliest, if there is no other impediment in doing so. We also expect Education Officer to take decision in this regard as early as possible. With these observations, the petition is disposed of. JUDGE JUDGE khj