1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2646 OF 2010 Shri Pramod Shriram Salunke, Age 41 years, Occu. R/o Patoda, Taluka Amalner, District Jalgaon .. PETITIONER VERSUS 1. The State of Maharashtra Through its Secretary, School Education Department, Mantralaya, Mumbai 32 2. The Education Officer (Secondary), Zilla Parishad, Jalgaon 3. Shri Datta Vidya Mandir, Patoda, Taluka Amalner, District Jalgaon Through its Headmaster, Shri Rafik Subhan Patve, Age 51 years, Occu.Service, R/o at post Patoda, Taluka Amalner, Dist.Jalgaon .. RESPONDENTS Ms.Surekha Mahajan, Advocate for petitioner Shri K.J.Ghute Patil, Assistant Govt.Pleader for respondents 1 & 2 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 13th April, 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the 2 stage of admission. 2. We have heard Ms.Surekha Mahajan, learned Counsel for the petitioner and learned Assistant Government Pleader who accepts notice on behalf of respondents 1 and 2. According to us issuance of notice to respondent No.3 before decision of this writ petition is not necessary in the light of the fact that no relief is sought by the petitioner against respondent No.3 and respondent No.3 had forwarded the proposal to the respondents 1 and 2 for upgradation of the petitioner as a full time Librarian. 3. Undisputedly, the proposal submitted by respondent No.3 is said to be pending consideration with respondent No.2. It is also not disputed that it is for respondent No.2 to decide the said proposal. In that light of the fact, the learned Assistant Government Pleader states that if the proposal is pending, the same would be decided, in accordance with law, particularly in the light of the Government Resolution dated 3.8.2006. We accept the aforesaid statement as an undertaking to the Court and direct the respondent No.2 to decide the proposal, if pending, in accordance with law and in the light of the Government Resolution dated 3.8.2006, within a period of two months from today and communicate the decision thereon to the petitioner and respondent No.3. 3 4. Rule is thus made absolute on the above terms with no orders as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/2646.10wp)