1 Wp6740-10 dmt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6740 OF 2010 The State of Maharashtra & Ors. .. Petitioners. Vs. Seema Prasad Bapat. .. Respondent Mr. A.B. Vagyani, AGP., for Petitioner/State. Mr. P.M. Pradhan for Respondent. CORAM: B. H. MARLAPALLE & U. D. SALVI, JJ. DECEMBER 13, 2010. P.C. We have heard Mr. Vagyani, the learned AGP., for the petitioners who are aggrieved by the order passed by the Maharashtra Administrative Tribunal in A.O. No. 31-A/2009, on 18.1.2010. By the said order, the Tribunal has directed the Respondent No. 1 i.e., the State of Maharashtra through Secretary Higher Technical Education Department to consider the case of the applicant for promotion to the post of English Language Instructor – Selection Grade in the pay-scale of Rs.7500-12000 with effect from 1.6.2006, afresh and this exercise shall be completed 2 Wp6740-10 within a period of three months. 2. The respondent who is working as English Language Instructor in the Industrial Technical Institute (Girls) approached the Tribunal pointing out that one Shri B.T. Tharkar who was senior to her and holding the post of English Language Instructor – Selection Grade had retired on 31.5.2006 and she being the senior most English Language Instructor and being placed in the senior grade of Rs. 6500-10500 with effect from 15.7.2005, was entitled for being considered for promotion in the place of Shri B.T. Tharkar. The Tribunal also noted that the applicant’s pay-scale was wrongly mentioned in the communication dated 25.7.2008 and the fact that the applicant was the senior-most English Language Instructor was not denied. She also held the qualification M.A. B.Ed., and was selected for the post of English Language Instructor on 12.9.1990. 3. Mr. Vagyani, the learned AGP., has referred to the reply filed before the Tribunal opposing the original application and contended before us that in view of the Government Resolution dated 8.3.1999 which was placed before the Tribunal at Exhibit R-3, there is no promotion for the post of English Language Instructor, Selection Grade and it is only after 3 Wp6740-10 putting in continuous service of 24 years an Instructor would be entitled for Selection Grade. He also submitted that as of now the said post has lapsed. In our opinion, these are the issues which will have to be addressed to by the Petitioners when they are considering the case of the Respondent for promotion to the post of English Language Instructor – Selection Grade as directed by the Tribunal. The Tribunal has merely directed to consider the case of the applicant for promotion and it has not directed to issue the promotion order. In our view, therefore, no interference is called for in the impugned order. 4. Hence, the petition fails and the same is hereby rejected. (U.D. SALVI, J.) (B. H. MARLAPALLE, J.)