Wp 576.06 1 IN THE HICH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.576/2006 Pratibha S.Vidhate Petitioner Vs. The Education officer(Secondary),Z.P. Solapur and Ors. Respondents Mr.S.G.Kudle for petitioner Mr.C.R.Sonawane,AGP for Res.1 to 3 Mr.Anant Vadgamkar for Res.4 Mr.B.B.Dadas,Supdt.CMES Cl.II Pay & PF Unit (Sec.)Solapur CORAM- A.M.KHANWILKAR AND MRS.MRIDULA BHATKAR,JJ. DATE 19th April,2011 P.C. . Heard counsel for the parties. 2 We have perused the averments made in the petition as well as reply affidavit filed by Vasant Hake, Education Officer, Z.P.Solapur. Although, there can be no difficulty in acceding to the prayer made by the petitioner to direct the respondents to release the petitioner’s retirement benefits as per his entitlement, expeditiously, the difficulty arises on account of non production of original service book of the petitioner . The respondent-management, pursuant to the notice issued by this Court , has handed over photo Wp 576.06 2 stat copy of the service book. That has been handed over to Mr.B.B.Dadas, Supdt. CMES Solapur. Learned AGP on instructions of the said officer submits that as per the norms the proposal of the petitioner can be processed only if the original service book is made available by the petitioner which as per the affidavit filed by Vasant Hake has been delivered to the petitioner on 18/5/2004 by respondent no.4, Head Master. The petitioner , however, has disputed the correctness of this position. Never the less, the appropriate authority will have to process the matter on the basis of photo stat copy made available by the management instead of original service book. For that , the appropriate authority may call upon the petitioner to file affidavit of declaration-cum-indemnity bond specifying such terms and conditions as may be advised; as also to file formal application disclosing the period during which the petitioner worked in different schools so as to reckon that period for releasing his retirement benefits. That application as well as affidavit of undertaking and indemnity bond be filed by the petitioner in the office of Dy.Director of Education within two weeks from today. On filing of such affidavit the concerned authority would process the claim of the petitioner on its own merits and pass appropriate directions as may be appropriate in the fact situation of the case. Wp 576.06 3 That be done expeditiously, in any case not later than three months from the date of presentation of application and affidavit of undertaking/indemnity bond in the office of the respondent no.2. Besides, the petitioner through counsel assures to extend full co- operation to the concerned authority who would process the claim of the petitioner. We direct the respondent no.4-school to offer full co- operation to the concerned authority for early disposal of the proposal of the petitioner to release the retirement benefits to him subject to such order as would be passed by the appropriate authority. 3 The petition is disposed of on the above terms . 4 At this stage learned AGP submits that the proposal should be submitted jointly by the petitioner and respondent no.4. If there is any other condition the same be specified by respondent no. 2 to the petitioner forthwith, in any case not later than one week from today , so that all the formalities can be complied with by the petitioner within three weeks from today. (MRS.MRIDULA BHATKAR,J.) (A.M.KHANWILKAR ,J.)