1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7180 OF 2009 Ankush Shivaji Kashid .... Petitioner V/s. The State of Maharashtra and Ors. ..... Respondents Mr.N.V.Bandiwadekar, for the petitioner. Mr.A.B.Vatyani, AGP, for respondent Nos.1 to 3. Mr.Umesh R. Mankapure, for respondent Nos.4 and 5. CORAM :P.B.MAJMUDAR & R.G.KETKAR, JJ. DATE : 08TH APRIL, 2010 P.C. 1. By way of this petition, the petitioner has prayed that respondent No.5 school may be directed to allow the petitioner to resume his duties. The petitioner was appointed as a peon in respondent No.5 school. He was subsequently declared as surplus and the Education Officer (Secondary) thereafter, passed an order absorbing the petitioner in Haribhai Devkaran Prashala, Solapur. But the said institution did not allow the petitioner to join the duties. 2. Learned AGP after taking instructions from Mr.Veer, Education Officer (Secondary) Zilla Parishad, Solapur, informed that the aforesaid school informed the Department that they have no vacancy and now the decision is taken to repatriate the petitioner to his original school 2 i.e. respondent No.5. 3. Learned counsel appearing for respondent No.5 states that the said school has no vacancy of a peon, but since the Education Officer has taken a decision to repatriate the petitioner, the respondent No.5 will abide by the said order. He however, states that respondent No.5 school will not provide any work to the petitioner. Since the Education Officer has already taken a decision to repatriate the petitioner, respondent No.5 shall allow the petitioner to resume his duties immediately. Needless to say that salary should be borne by the Department as it is an aided school. The respondent No.5 shall make a representation to the Education Officer pointing out that they have no vacancy of peon and salary is required to be paid to the petitioner as a surplus and to absorb him in an institution where there is a vacancy of peon. Respondent No.5 shall allow the petitioner moment the latter reports to the duty. The Education Officer shall release salary grant payable to the petitioner and the bills submitted by the school also shall be processed and appropriate orders shall be passed sanctioning the said bills. It is submitted that bill is already submitted by the school to the Education Officer. The Education Officer shall pass appropriate orders in this regard. Learned counsel for respondent No.5 submitted that the stand taken by the school where the petitioner was sent as a surplus is not justified. It is also directed that the 3 Education Officer shall find out an institution or management wherein post of peon is available and appropriate attempts should be made to absorb the petitioner. 4. Subject to what is stated above, the writ petition is disposed of. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J. )