1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2484 OF 2010 Keshav Ramrao Kulkarni Age 59 years, Occ-Nil Pensioner Vivekanand Nagar Bank Colony, R/o Majalgaon, Tq. Majalgaon Dist.Beed. .. PETITIONER VERSUS 1] The Sindhphana Shikshan Prasarak Mandal, Majalgaon, Dist.Beed, Through its Secretary. 2] The Education Officer (Secondary), Zilla Parishad,Beed. [Copy to be served on G.P.High Court Aurangabad Bench.] .. RESPONDENTS .... Shri A.S.Deshpande, Advocate for the petitioner. Shri R.N.Dhorde,Adv.for Respondent no.1. Shri S.K.Tambe,AGP for the respondent no.2 .... CORAM : B.R.GAVAI & A.A.SAYED,JJ. DATE : 6 th OCTOBER, 2010. 2 ORAL JUDGMENT [PER GAVAI,J.] : 1] Rule. Rule made returnable forthwith. Heard counsel for respective parties. By consent of parties, Petition is heard finally at admission stage. 2] A limited relief that the petitioner is seeking in the present petition is that the service book of the petitioner has not been made upto date by the respondent no.1 and as such, the matter regarding fixation of the pay of the petitioner so as to avail the pensionary and other retiral benefits to him is being delayed. 3] The position is seriously disputed by Shri Dhorde, learned counsel for respondent no.1. He submits that the receipt of the petitioner dated 13/3/1998 which is annexed as Exh.R-I to the petition states that the original service book has already been taken by the petitioner and as such the 3 grievance of the petitioner is without any substance. 4] The petitioner is already retired from service. In that view of the matter, we do not find it necessary to go into the rival contentions raised by the parties. 5] Be that as it may, on account of non completion of upto date service book of the petitioner, petitioner’s fixation of pay has not been done and as such other formalities for grant of pensionary and retiral benefits to him have also not been complete. 6] In that view of the matter, in the interest of justice, we dispose of the petition with following directions : 7] The petitioner shall submit the photostate copy of his service book which is with him, to the respondent no.1 within a period of 2 weeks from today. On receipt of the same, 4 respondent no.1 shall prepare the duplicate service book and record all the relevant entries thereon till the superannuation of the petitioner and submit the same to the respondent no.2 within a period of 3 weeks from the receipt thereof. 9] The respondent no.2 shall do all that is necessary for fixation of pay of the petitioner on the date of his retirement and make all pensionary and retiral benefits available to the petitioner within a period of 3 months from the receipt of the proposal by it from the respondent no.1. 10] Needless to state that all the monetary benefits the petitioner would be entitled shall be paid to him by respondent within a period of 6 months from today. Rule made absolute in above terms with no order as to costs. (A.A.SAYED) (B.R.GAVAI) JUDGE JUDGE umg/wp2484-10