1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 258 OF 2009 Sou. Alka w/o Chintaman Palkhe, Age : 50 years, Occu. Nil, R/o Building No.D-35/9, Hatnoor Colony, Mahabal Road, Jalgaon ..PETITIONER VERSUS 1. The State of Maharashtra, Through It's Education Department, Mantralaya, Mumbai 32 2. The Deputy Director of Education, Nasik Division, Nasik 3. The Education Officer (Primary), Zilla Parishad, Jalgaon 4. The Administrative Officer, Municipal Corporation, Jalgaon 5. The Chairman, Dnyanoprasarak Shikshan Prasarak Mandal, District Jalgaon 6. The Secretary, Dnyanoprasarak Shikshan Prasarak Mandal, District Jalgaon 7. The Head Master, Trimbak Nagar Prathmik Vidyamandir, Jalgaon 8. The Accountant General (I), 2 101, Mharshi Karve Road, Mumbai 400 020 ..RESPONDENTS Mr V.Y. Patil, Advocate for the petitioner; Mr V.B. Ghatge, AGP for respondents no.1 & 2; Mr S.V. Natu, Advocate for respondent no.5. CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 25th August 2009 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties these petitions are heard finally at the stage of admission. 2. We have heard Shri V.Y. Patil, learned Counsel for the petitioner; Shri V.B. Ghatge, learned A.G.P. on behalf of respondents no.1 & 2 and Shri S.V. Natu, learned Counsel on behalf of respondents no.5 to 7. Since no relief is claimed against respondent no.3 Education Officer (Primary), Zilla Parishad, Jalgaon and respondent no.4 Administrative Officer, Municipal Corporation, Jalgaon, we do not consider it necessary to issue notice of final hearing to to respondents no.3, 4 & 8. 3. By this petition under Article 226 of the Constitution of India the petitioner prays for issuance of a writ directing the 3 respondents to pay the Earned Leave encashment to the petitioner as well as for directing respondents no.5 to 7 for giving time bound promotion scale to the petitioner on completion of her 12 years of service. The petitioner also prays for issuance of a writ of mandamus directing the respondents to pay all monetary and retiral benefits including gratuity, provident fund, pension, increments and salary to the petitioner. In the light of the limited relief and in the light of the affidavit in reply filed on behalf of respondents no.5 to 7, we deem it appropriate to decide this petition finally at this stage. 4. We need not dilate much on the factual aspects of the petition as it is suffice to state that the petitioner came to be appointed as an Assistant Teacher on 1.6.1989 and thereafter came to be retired on medical ground on 10.4.2008 pursuant to the order of the management dated 4.4.2008. According to the petitioner though she stood retired from 10.4.2008, the retiral benefits and the time bound promotion scale have not been given to the petitioner. 5. On notice being issued to the respondents, respondents no. 5, 6 & 7 have filed their affidavit in reply. In the affidavit in reply at paragraph 5 it is stated that a letter came to be submitted by these respondents to respondent no.4 requesting for grant of 4 sanction/approval so that the retiral benefits of the petitioner could be ascertained. It is further stated that since the sanctioning power of respondent no.4 were transferred, a fresh letter dated 30.4.2008 was submitted to respondent no.3 seeking sanction which was granted. At paragraph 10 of the affidavit in reply it is stated that only the Head of secondary school is entitled for encashment of Earned Leave for 15 days for each completed year of service. At paragraph 13 it is stated that all the papers relating to the pension are ready but as the petitioner is not co-operating in signing the said papers, the papers could not be forwarded to the competent authorities. 6. In the light of the affidavit in reply on behalf of the respondents, according to us the ends of the justice would be sub-served by directing the petitioner to attend the office of respondents no.5 to 7 on 31st August, 2009 at 11.00 A.M. The respondents no.5 to 7 to obtain necessary signatures of the petitioner on all the documents which they consider necessary to be signed by the petitioner. The application of the petitioner for claiming time bound promotion scale to be forwarded by respondents no.5 to 7 along with all other documents relating to the retiral benefits as well as encashment of Earned Leave, etc. as claimed by the petitioner to the competent authority within one week of 31st August, 2009. We direct the Education Officer 5 (Primary) - respondent no.3 to examine the documents submitted by the respondent - management and thereafter to forward it in accordance with law to the competent authority within two weeks of the receipt of the said documents. The competent authority competent to grant the benefits to the petitioner shall examine the said documents and pass orders in accordance with law within four weeks of the receipt of the said documents. Rule is thus made absolute on the above terms with no order as to costs. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp258.09 6