1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.350 OF 2011. Kundlik Budhaji Badole. .Vrs. The Education Officer (Secondary) Zilla Parishad, Bhandara and Others. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. (Mr. Shashikant Borkar, Advocate for petitioner. Mr. Kankale, A.G.P. for respondent No. 1. Mr. D. A. Sonwane, Advocate for respondent No.2. Mr. A. S. Mardikar, Advocate for respondent No.3.) -0-0- CORAM : B. P. DHARMADHIKARI & A. P. BHANGALE, J J. DATED : 20 th August, 2011. Heard finally. The grievance of petitioner is that he had entered in service in 1988 and his termination with effect from 08/02/1992 was set aside by the Additional School Tribunal, Nagpur (Chandrapur) on 07/04/2000. Thereafter, as he was not being reinstated and then approval was not being granted, Writ Petition No. 470 of 2002 was filed before this Court. In that Writ Petition, management had contended that he could not have been absorbed as he was surplus, but as vacancy had occurred because of sudden death of one Mr. Illankar, the management appears to have accommodated him against it. Petitioner also accepted that placement without prejudice to his right and conditions. Accordingly from the death of Mr. 2 Illankar the service book of present petitioner has been prepared. The grievance of petitioner now is that the Additional School Tribunal, Nagpur(Chandrapur) has directed his reinstatement with continuity of his service from 25/06/1988 which aspect needs to be looked into and recorded in service book. In other words, the petitioner, who is on the verge of retirement is now seeking continuity from his initial entry into service. Respondent No.2/Management states that it had already undertaken to prepare his service book and preparation of service book is the job of Head Master. Shri. Mardikar, learned Counsel for respondent No.3 points out that, in view of orders of this Court, dated 19th December, 2002 in Writ Petition No. 470 of 2002, service book has been prepared and service from 14/06/2000 has been recognized. Learned Addl. Government People for respondent No.1 is supporting the argument of learned Counsel Mr. Mardikar. In Writ Petition No. 470 of 2002, on 19th December, 2002, this Court has directed the Management to absorb petitioner in vacancy created due to death of Mr. Illankar. It was also directed to submit proposal for said vacant post and Education Officer was directed to consider it. This was without prejudice to rights and conditions of the petitioner. However, it is admitted position that, though the said order is not expressly recording the Writ Petition 3 No 470 of 2002 has been finally disposed of by it. The admitted Judgment of Additional School Tribunal,Nagpur (Chandrapur), dated 07th April, 2000 was not assailed either by Management or then by Head Master and it became final. That Judgment directs Management/Head Master to reinstate the petitioner with continuity in service and with 50% back wages from the date of termination i.e. from 08/09/1992. Continuity awarded by the Additional School Tribunal,Nagpur (Chandrapur) is thus from the date of entry in to service i.e. from 25.06.1988. Respondent No.1/Education Officer was also party before the Additional School Tribunal, Nagpur (Chandrapur) in those proceedings. There is nothing before this Court to show that, at the time of initial entry in service, there was a vacancy and then his entry into service was not in accordance with the law. The Judgment of the Additional School Tribunal, Nagpur (Chandrapur) needs to be given full effect. The orders passed subsequently in Writ Petition No. 470 of 2002 on 19th December, 2002 recognizes position prevailing in 2002. That order cannot govern the situation prevailing when the petitioner entered in the service on 25/06/1988. The respondent No.2/Management as also Head Master are duty bound to accept the said judgment of Additional School Tribunal, Nagpur (Chandrapur). Accordingly, we direct respondent Nos. 2 and 3 to prepare the service book in accordance with the directions 4 issued by the Additional School Tribunal, Nagpur (Chandrapur) in its Judgment dated 07th April, 2000 and to submit it for consideration and approval to respondent No.1/Education Officer. The said exercise be completed as early as possible and in any case within a period of six weeks from today. Respondent No.1/Education Officer, after receipt of such service book to take necessary action within further period of six weeks. Writ Petition is thus partly allowed and disposed of. No costs. JUDGE JUDGE Deshmukh