1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 567 OF 2009 Smt. Shobha D/o Hanumantrao Dalvi Age : 41 Yrs., Occ. Service - as Primary Teacher in Jyoti Vidya Mandir, Aurangabad R/o : Plot No. 10, Sidheshwar Nagar, Near S.T. Colony, Jadhavwadi (Harsool), Aurangabad Tq. and Dist. Aurangabad. .... PETITIONER VERSUS 1. State of Maharashtra Through its Secretary School Education Department Mantralaya, Mumbai – 32. 2. Education Officer (Primary) Zilla Parishad Aurangabad. 3. Head Master Samrat Ashok Primary School Brijwadi, Aurangabad Tq. & Dist. Aurangabad. 2 4. Head Master Jyoti Vidya Mandir Bohari Kathada, Sarafa, Aurangabad Dist. Aurangabad. 5. Raghunath S/o Janardhan Dende Age : 59 Yrs., Occ. Ex. Head Master Samrat Ashok Primary School R/o : Nath Prangan, in front of Janki Hotel, Behind Sahara Building Garkheda, Aurangabad. .... RESPONDENTS Mr. V.G.Salgare, Advocate for Petitioner. Mr. K.G.Patil, Assistant Govt. Pleader for State. Dr. Kalpalata Patil Bharaswadkar, Advocate for Resp.No. 2. Mr. U.B.Bondar, Advocate for Resp.No. 2 & 3. Mr. M.P.Kale, Advocate for Resp.No. 5. WITH WRIT PETITION NO. 318 OF 2010 1. Dinesh S/o Ratan Bachhao Age : 42 Yrs., Occ. Service - as Assistant Teacher R/o : N-2, DM/45, Vinay Colony, Thakare Nagar, CIDCO, Aurangabad. 3 2. Venkat S/o Dagdoba Kirwale Age : 55 Yrs., Occ. Service - Assistant Teacher, R/o : E-130/8, Shivanji Nagar, CIDCO, Aurangabad 3. Smt. Chandrakala Kachru Shejwal Age : 56 Yrs., Occ. Service - Assistant Teacher, R/o : Ram Nagar, CIDCO, Aurangabad 4. Smt. Nirmala Dattatraya Garud Age : 46 Yrs., Occ. Service - Assistant Teacher, R/o : G-23/1, Sambhaji Colony, N-6, CIDCO, Aurangabad 5. Smt. Shobha Vinayakrao Naval Age : 38 Yrs., Occ. Service - Assistant Teacher, R/o : 115, Sector-A, N-1, CIDCO, Aurangabad 6. Smt. Savita Nanasaheb Pande Age : 45 Yrs., Occ. Service - Assistant Teacher, R/o : 22, Manak Nagar, Garkheda Parisar, Aurangabad 7. Eknath S/o Maroti Ambhore Age : Yrs., Occ. Service - Assistant Teacher, R/o : Mahal Pimpri, 4 Post. Warud （Kazi) Tq. & Dist. Aurangabad 8. Sunil S/o Dinkarrao Deshmukh Age : 42 Yrs., Occ. Service - Assistant Teacher, R/o : Raigad, 48, Sahara Vaibhav Jatwada Road, Aurangabad 9. Ajendra S/o Shaligram Patil Age : 36 Yrs., Occ. Service - Assistant Teacher, R/o : 17, Pathrikar Corner N-11, HUDCO Corner, CIDCO, Aurangabad .... PETITIONERS VERSUS 1. The State of Maharashtra Through its Secretary Department of Tribal Development Mantralaya, Mumbai. 2. The Dy. Director of Education Aurangabad Division, District : Aurangabad. 3. The Education Officer (Primary) Zilla Parishad, Aurangabad 4. Samrat Ashok Primary School Brijwadi, MIDC, Chikalthana, Aurangabad 5 Through Head Master, Mr. Raghunath Janardhan Dende. 5. Raghunath S/o Janardhan Dende Age : 60 Yrs., Occ. Service Ex. Head Master R/o : Plot No. 17, Nath Nagar, Garkheda Area, Tq. & Dist. Aurangabad. .... RESPONDENTS Mr. B.L.Sagar Killarikar, Advocate for Petitioner. Mr. K.G.Patil, Assistant Govt. Pleader for State. Mr. M.P.Kale, Advocate for Resp.No. 5. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ. DATE: 21/04/2010 ORAL JUDGMENT : [ PER - S.V. GANGAPURWALA, J. ] 1. Rule. Rule returnable forthwith. With the consent of the learned counsels for the parties heard finally at the stage of admission. 2. The petitioners in both the Writ Petitions have filed the present proceedings as the respondent – Head Master of Samrat Ashok Primary School, Brijwadi, Aurangabad has failed to issue the service book of the 6 petitioners. The petitioners were the permanent employees of the respondent - Samrat Ashok Primary School. The petitioners allege that the Head Master of the said school did not prepare service books. The service books were not handed over in respect of the petitioners to the Education Officer. In absence of the service books, the petitioners are prejudiced as their entitlement can not be computed. 3. We hereby direct the respondent – Head Master, Samrat Ashok Primary School to hand over the service books of the petitioners complete in all respects to the respondent – Education Officer, who shall, in the case of petitioner in Writ Petition No. 567 of 2009, forward it to Respondent no. 4 – Jyoti Vidya Mandir. 4. In the event, the service books are not available, then the Education Officer ( Primary ) shall prepare fresh service books in respect of the petitioners by collecting the necessary information and after due verification. 5. The respondent – Head Master of Samrat Ashok Primary School shall forward the service books within 2 weeks from the date of receipt of the Writ of this Order and the Education Officer on receipt of the said service books shall forward the same, complete in all respects, to 7 respondent no. 4 in Writ Petition No. 567 of 2009 within a period of 4 weeks thereafter. 6. Rule is made absolute on above terms. However, there shall be no order as to costs. [ S.V. GANGAPURWALA ] [ P. V. HARDAS ] JUDGE JUDGE knp/ WP 567.09,318.10