Maulana Azad High School And Junior College Through Its Principal v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:29902 929-CA-10649-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10649 OF 2025 IN WRIT PETITION NO. 8775 OF 2014 Maulana Azad High School and Junior College, Through its Principal APPLICANT

VERSUS

State of Maharashtra and Others ..RESPONDENTS ....

Mr. Farheen Quraishi, Advocate for the applicant Mr. R.I. Ingle, A.P.P. for the respondent - State Mr. Quadri Syed Raheel, Advocate h/f Mr. S.S. Kazi, Advocate for respondent no.2 Mr. A.S. Deshpande, Advocate for respondent nos. 5 to 8 ....

CORAM : ABHAY J. MANTRI, J.

DATE : 08th OCTOBER, 2025 PER COURT :

1.

The applicant/original petitioner has filed this application for directing the Registry to release the original Service book of Respondent No.6 - Ajaz Ahmed Khan Abdulla Khan, and hand it over to the applicant, with an undertaking that it will be re-deposited with the Registry after completion of formalities for the sanction of gratuity, for which learned counsel for the respondents has given no objection.

2.

Heard learned counsel for both parties and perused the application and record.

3.

Learned counsel for the applicant and Respondent Nos. 5 to 8 jointly submitted that this Court has already allowed an identical application 1 / 2

929-CA-10649-25.odt in respect of similarly situated employees. They drew my attention to the order dated 15th June, 2022, passed by this Court in Civil Application No. 6820 of 20 and urged me to pass a similar order in this application, for which the rest of the respondents have not objected. 4.

It seems that on the retirement of Respondent No.6, due to the non-availability of the original Service book, the proposal for releasing his gratuity and depositing the said amount in the Court could not be processed. Therefore, the applicant has filed this application to release the original service book and hand it over to them. After completion of the process, it will be re-deposited in the registry. It also appears that this Court had already granted permission to the similarly situated employees. In view of the same, I deem it proper to allow the application 5.

Accordingly, a civil application is allowed in terms of the prayer clause (B). The applicant is directed to re-deposit the Original Service book after completing formalities for the sanction of gratuity. After releasing the gratuity, the applicant is further directed to deposit the same with interest @ 10% in the Court. The registry of this Court is directed to maintain a photocopy of the original Service book of Respondent No.6 - Ajaz Ahmed Khan Abdulla Khan before handing it to the applicant. ( ABHAY J. MANTRI, J. ) SSD 2 / 2