IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 511 OF 2008 PETITION NO. 511 OF 2008 PETITION NO. 511 OF 2008 Mr. Pankaj Hiralal Desai ] .. Petitioner Versus 1. The President/Secretary, South-East ] Malad Education Society & 3 ors. ] .. Respondents Ms. Kumud Bhatia for the petitioner. Mr. K.S. Deval for the respondents No.1 and 2. Ms. Uma Palsule-Desai, AGP, for respondents No.3 & 4. CORAM: S.B. MHASE & A.A. KUMBHAKONI, JJ. DATED: 18TH JUNE, 2008 P.C. : 1. Heard learned counsel for the petitioner. 2. An enquiry was directed by this court in view of the order passed in Writ Petition No.239 of 2006, wherein the following issues were raised: (i) To fix the salary of the petitioner for the Academic Year 1977-1978 and get it certified by Senior Auditor. : 2 : (ii) To rectify the defects in Service Book and take the signature of the Petitioner, to maintain the Service Book up-to-date and give a copy of the Service Book to the Petitioner. (iii) Promotion to the post of Junior Clerk, if available, on the basis of seniority from the post of Lab Assistant. 3. The Affidavit filed by the respondent states that the salary of the petitioner has already been fixed by the Senior Auditor and, accordingly, payments have been made to the petitioner. 4. The learned counsel for the respondents No.1 and 2 states that the service book has already been given to the petitioner and that these respondents are ready to furnish another copy of the service book. 5. So far as promotion claimed by the petitioner from the post of Lab Assistant to that of Junior Clerk is concerned, the learned counsel appearing on behalf of the petitioner herself admits that there is no channel : 3 : of promotion from Lab Assistant to Junior Clerk under the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 and the Maharashtra Employees of Private Schools Rules, 1981. If the said Rules do not provide for promotional channel, the petitioner cannot claim promotion as of right and, therefore, that claim has rightly not been considered by the respondent. 6. In view of the concession given by the respondents that they will supply duplicate service book, we direct that the respondents shall hand over the duplicate service book to the petitioner within four weeks from today. The Petition stands disposed of accordingly. Sd/- Sd/- [A.A. [A.A. [A.A. KUMBHAKONI, J.] KUMBHAKONI, J.] KUMBHAKONI, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]