1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6886 OF 2009 1. Smt.Kamal Suryabhan Sonawane, Age 25 years, Occu.Service-Assistant Teacher, R/o Bharadi, Taluka Sillod, District Aurangabad 2. Anil s/o Narayan Borhade, Age 32 years, Occu.Service, Assistant Teacher, R/o C/o Head Master, Baliram Patil High School, Taluka and District Aurangabad 3. Jagannath s/o Bhanudas Thorat, Age 34 years, Occu.Service, Assistant Teacher, R/o Jayakwadi, Taluka Paithan, District Aurangabad .. PETITIONERS VERSUS 1. The State of Maharashtra, Through its Secretary, Department of Tribal Development, Mantralaya, Mumbai. 2. The Deputy Director of Education, Aurangabad Division, Aurangabad District Aurangabad 3. The Education Officer (Secondary), Zilla Parishad, Aurangabad 4. Gram-Vikas Vidyalaya, Ranjangaon (S.P.), Post Ghanegaon, Tq.Gangapur, District Aurangabad Through its Head Master, Mr.Kakasaheb Eknathrao Jadhav, 2 (Notice to be served at Malkhare Apartments, Wing A, Behind Hotel Panchwati, Near Office of Deputy Director, Department of Health, Station road, Aurangabad) .. RESPONDENTS Mr.B.L.Sagar, Killarikar, Advocate for petitioner Mr.S.K.Kadam, Assistant Govt.Pleader for respondents 1 to 3 Mr.V.G.Salgare, Advocate for respondent No.4 AND WRIT PETITION NO.6137 OF 2009 Eknath s/o Shripatrao Bhosale, Age 39 years, Occu.Service, Assistant Teacher, R/o Pishor, Taluka Kannad, District Aurangabad ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Department of Tribal Development, Mantralaya, Mumbai. 2. The Deputy Director of Education, Aurangabad Division, Aurangabad District Aurangabad 3. The Education Officer (Secondary), Zilla Parishad, Aurangabad 4. Gram-Vikas Vidyalaya, Ranjangaon (S.P.), Post Ghanegaon, Tq.Gangapur, District Aurangabad Through its Head Master, Mr.Kakasaheb Eknathrao Jadhav, (Notice to be served at Malkhare Apartments, Wing A, Behind Hotel Panchwati, 3 Near Office of Deputy Director, Department of Health, Station road, Aurangabad) 5. Mahatma Jotiba Phule Secondary & Higher Secondary School, Pishor, Taluka Kannad, District Aurangabad Through its Head Master .. RESPONDENTS Mr.B.L.Sagar, Killarikar, Advocate for petitioner Mr.S.K.Kadam, Assistant Govt.Pleader for respondents 1 to 3 Mr.V.G.Salgare, Advocate for respondent No.4 Respondent No.5 served CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 28th April, 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. Since the grievance of the petitioners in both the petitions is similar, both these petitions are being decided finally by this common judgment. 3. In these petitions, the petitioners pray for issuance of a writ of mandamus directing the Education Officer (Secondary) to take all possible steps against the Head Master of respondent No.4 4 school for seizing the original record and also pray for directing the respondents to release the salary of the petitioners prior to the date of their absorption. Mr.B.L.Sagar, Killarikar, learned Counsel for the petitioners in both the petitions states that presently, the petitioners are not pressing for the relief of payment of their salary as well as the relief of seizing the original record by the Education Officer. 4. Facts as are germen for the decision of these petitions may briefly be stated thus. The school in which the petitioners had been initially appointed came to be derecognised and subsequent to the derecognition the petitioners came to be absorbed in different schools. However, unfortunately, the service books remained in the custody of the Head Master for some time and ultimately came to be forwarded to the Education Officer. The Education Officer in turn forwarded the service books to the Head Masters of the concerned schools where the petitioners have been absorbed. We are informed by the learned Assistant Govt.Pleader appearing on behalf of respondents 1 to 3 that the service books have been returned back by the concerned Head Masters on the ground that the service books are incomplete. 5 5. The predicament in which the petitioners are placed is on account of the derecognition of the school. As the school is derecognised school, no directions can be issued for completion of the entries in the service books. The petitioners also stand to be prejudiced financially and otherwise in the event the service books remained incomplete. In the peculiar facts of the present case, therefore, according to us the interest of justice would be sub served by directing the Education Officer to complete the service books as far as possible on the basis of the material/documents which the petitioners may produce. The Education Officer would then be required to forward the completed service books to the Head Masters of the concerned schools where the petitioners are presently absorbed. 6. In that light of the matter, therefore, we allow these petitions and direct the petitioners to appear before the Education Officer on 10th May 2010 and produce all the material/documents which would assist and aid the Education Officer in completing the service books. The exercise of completion of the service books to be carried out by the Education Officer within four weeks of 10th May 2010. The Education Officer to forward the completed service books to the Head Masters of the concerned schools within two weeks thereafter. 6 7. Rule is thus made absolute on the above terms with no orders as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/6886-6137.09wp)