Bombay High Court
Employment and Labour LawEducation Law

A service break condoned for pension also applies to pay fixation, arrears, and consequential benefits.

Sunita Kantaram Phulsunder vs The State Of Maharashtra And Ors.

Bombay High CourtJUDGMENT: October 01, 20262 MIN READSOURCE JUDGMENT
A service break condoned for pension also applies to pay fixation, arrears, and consequential benefits.. Sunita Kantaram Phulsunder vs The State Of Maharashtra And Ors.. Bombay High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Petitioner, a teacher in a school managed by Respondents 5 and 6, claimed that breaks in her service between 1994 and 1999 were followed by reappointments and that her service had ultimately been condoned by the authorities.

Source reference: pp. 2–4, paras 3–4

The authorities’ orders included condonation for pension purposes; the Petitioner sought pay fixation, increments, arrears and consequential benefits on the basis of continuity of service.

Source reference: pp. 2–4, paras 3–4

The Management disputed entitlement to those benefits, contending that condonation was limited to pension.

Source reference: pp. 2–4, paras 3–4

During the hearing, the State said it would consider the issue upon receipt of a proposal from the Management, which agreed to submit one.

Source reference: p. 6, para 5
02

Issues

1. Whether condonation of the Petitioner’s service breaks for pension purposes also extends to pay fixation, arrears and consequential benefits

Source reference: pp. 5–7, paras 4–6

2. Whether the Court should direct the Management and State authorities to process and decide a proposal for such benefits

Source reference: pp. 6–7, paras 5–7
03

Law Applied

The Court applied the principle that, where a break in service has been condoned for pension purposes, that condonation must also be treated as extending to pay fixation, arrears and consequential benefits.

Source reference: p. 7, para 6

No statute or precedent was expressly identified by the Court as the basis of its decision.

Source reference: no citation

The Petitioner relied on Gopal T. Madnani v. State of Gujarat & Anr., 1984 SCC OnLine Guj 262, and Siyaram Education Society v. Chhaya D/o Baliram Dhave & Ors., 2026 INSC 871; these authorities are recorded as submissions.

Source reference: pp. 5–6, paras 4–5
04

Reasoning

The Court accepted the Petitioner’s contention that condonation for pension purposes could not be confined to that purpose alone.

Source reference: p. 7, para 6

It held that the condoned breaks must also be considered for pay fixation, arrears and consequential benefits.

Source reference: p. 7, para 6

Rather than itself determining the amounts due, the Court directed the Management to submit a proposal and the State authorities to decide it.

Source reference: pp. 7–8, paras 6–7
05

Holding

The Court held that condonation of the breaks for pension purposes must also extend to consideration of pay fixation, arrears and consequential benefits.

It directed Respondents 5 and 6 to submit a proposal to Respondents 1–3 within four weeks, and directed Respondents 1–3 to consider it and pass appropriate orders within four weeks thereafter.

Source reference: pp. 7–8, paras 7–8

The Petition was disposed of.

Source reference: pp. 7–8, paras 7–8
Bombay High Court

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Sunita Kantaram PhulsundervsThe State Of Maharashtra And Ors.

Bombay High Court · October 01, 2026

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