{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2311 OF 2009 Ambadas Digambarrao Deshpande R/o E-6, Madhumalti, Tirupati Park, Gurusahani Nagar, N-4, CIDCO Aurangabad PETITIONER VERSUS 1. The Education Officer (Secondary) Zilla Parishad, Aurangabad 2. Pay & Gratuity Provident Fund Unit (Secondary) Aurangabad 3. Dnyan Prabhodhani Shikshan Sanstha, Paithan Nathnagar/Jaikwadi (South), Tq-Paithan, Dist-Aurangabad Through its President / Secretary, 4. Shri.Balaji Vidyalaya Nathnagar/Jaikwadi (South) Tq-Paithan, Dist-Aurangabad Though its Headmaster. RESPONDENTS ....... Mr.B.L.Sagar Killarikar, Advocate for petitioner Mr.N.N.Jadhav, AGP for resondents No.1 and 2 Mr.A.B.Kadethankar, Advocate for respondents No.3 and 4 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE: 29th September 2009 ORAL JUDGMENT (PER P.V.HARDAS, J.) : 1. Rule. Rule returnable forthwith. With the consent of learned {2} counsel for the parties this petition is heard finally at the stage of admission. 2. By this petition, under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ directing respondent No. 4 school to forward proposal of the petitioner for payment of gratuity and also prays for issuance of a writ of mandamus directing respondent No.1 Education Officer, to call for the aforesaid proposal from respondent No. 4, within two weeks and to decide the said proposal in accordance with law. 3. We need not advert to the facts of the present case, as it would suffice to state that during the pendency of this petition, respondent No.4 has forwarded the proposal on 14.08.2009 to the competent authority, seeking release of payment of dues to which the petitioner is entitled to in law. Since the said proposal is pending consideration with the respondents, we deem it appropriate to allow this petition and direct the respondents to decide the said proposal, if pending, in accordance with law, within a period of 4 weeks from today. 4. Accordingly, this petition succeeds. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp2311-09