1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY : AURANGABAD BENCH WRIT PETITION NO.2552 OF 2006 WITH CIVIL APPLICATION NO. 2800 OF 2008 Keshav s/o. Vishramji Kale, age 38 years, occ. service, R/o. Chondi (Kh.), taluka Shengaon, dist. Hingoli. - - - - Petitioner versus 1. The State of Maharashtra. 2. The Commissioner, Tribal Development Department, Amravati. 3. The Project Officer, Integrated Tribal Development Project, Kinwat, District Nanded. 4. The Chairman/ Secretary, Shivaji Shikshan Sanstha, Bhatsangvi Tanda, C/o. Head Master, Shivaji Adivasi Post Basic Ashram School, Chondi Phata, Taluka Songaon, Dist. Hingoli. - - Respondents Shri P. B. Patil, Advocate for petitioner. Shri S. K. Tambe, Asstt. Govt. Pleader for respondents Nos.1 to 3. Shri G. S. Patil, Advocate for respondents Nos.4 and 5. 2 CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. Dated : 14th September 2009 ORA ORDER [ Per B. R. GAVAI, J. ] : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The petitioner has restricted his claim in the petition for direction to respondent No.4 to send proposal of the petitioner for permanency in service to the respondent No.2 and for direction to respondent No.2 to give approval to the services of the petitioner. 3. Learned Asstt. Govt. Pleader has placed on record a communication dated 3-8-2009 addressed by the Additional Commissioner, Tribal Development Department, Amravati which is taken on record and marked `X' for identification. It has categorically been stated in the said communication that after promotion of one Mohmmad K.A. as Head Master, the proposal for grant of approval to the petitioner can be considered subject to certain conditions. Though a reference has also been made in the communication that there is some difference between petitioner and one J. N. Chandrawanshi. 3 4. Learned Counsel for the respondent has made categorical statement before the Court that the management has already issued orders of promotion to one Mohmmad K.A. and that the proposal for grant of his promotion as Head Master has also been forwarded to the respondents Nos.2 and 3. It is further informed to us that there is no dispute between the management and said J. N. Chandrawanshi pending before any of the Courts. 5. In that view of the matter, we find that the petition can be disposed of with the following directions:- Respondents Nos.2 and 3 would grant approval to the promotion of said Mohammad K.A. to the post of Head Master as has been stated in letter dated 3-8-2009 within a period of four weeks from today. On the approval being granted to the promotion of said Mohammad K.A., petitioner would be immediately absorbed on the post which would fall vacant on the promotion of Mohammad K.A. and necessary approval would be granted in that respect within a period of eight weeks from today. 6. Rule is made absolute in the aforesaid terms with no order as 4 to costs. 7. Authenticated copy be supplied to learned A.G.P. to act upon. 8. In view of the disposal of Writ Petition No. 2552 of 2006, nothing survives in the Civil Application No. 2800 of 2008 and the same is disposed of. ( N.D.DESHPANDE, J. ) ( B. R. GAVAI, J. ) pnk/wp255206