1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.4314 OF 2008 PETITION NO.4314 OF 2008 PETITION NO.4314 OF 2008 Dilip Tukaram Kadam and ors. : Petitioners. versus The State of Maharashtra & ors. : Respondents. Mr.U.P.Warunjikar for the petitioners. Mr.V.P.Malwankar AGP for the State. CORAM CORAM CORAM : BILAL NAZKI & : BILAL NAZKI & : BILAL NAZKI & S.S.SHINDE, S.S.SHINDE, S.S.SHINDE, JJ., JJ., JJ., DATED DATED DATED : JUNE 24, 2008. : JUNE 24, 2008. : JUNE 24, 2008. P.C. P.C. P.C. 1. The main grievance of the petitioner appears to be that though the petitioners have been appointed many many years as Telephone Operators, there are no avenues from their promotion and, therefore, the respondents should create avenues for promotion of the petitioners and give them reservation in view of the Disabilities Act, 1995. 2 2. The question of applicability of Disabilities Act, 1995 would arise only if, there are any promotional post for the petitioners. The petitioners made representation to the Additional Sales Tax Commissioner at Mumbai on 21.11.2005. Creation of promotional avenues and additional post is a function of the State. Therefore, we can dispose of this petition with directions to the concerned authorities to consider the representation of the petitioners and pass appropriate orders. The representation may be decided in accordance with law within a period of six months from the date of receipt of copy of this order. [BILAL [BILAL [BILAL NAZKI, J] NAZKI, J] NAZKI, J] [S.S.SHINDE, [S.S.SHINDE, [S.S.SHINDE, J] J] J]