: 1 : wp-3990-11=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3990 OF 2011 Ravish Kumar .. Petitioner v/s. Union of India & Ors. .. Respondents ......... Mr. Sandeep Marne for the petitioner ......... CORAM : A.M. KHANWILKAR & R.Y.GANOO, JJ. DATE : 22nd JUNE 2011. P.C. : 1. Heard Counsel for the petitioner. We find no infirmity in the conclusion reached by the Tribunal in rejecting the original application preferred by the petitioner. In substance, the Tribunal has held that the department has sympathetically considered the case of the petitioner and appointed him in A-III medical category after the petitioner was found unfit for the post of Traffic Apprentice in the pay-scale of Rs. 5,500–9,000/-, which was the notified vacancy, vide Notification dated 20th September, 1999. The petitioner was thus, appointed against the vacancy of September, 1999 but in one point lower post in A-III Medical category, as he was declared fit in that category. It has also come on : 2 : wp-3990-11=.doc record that the petitioner willingly accepted the appointment and joined the post without registering any protest in that behalf, consequent to appointment order on 21st August, 2002. The Tribunal has also noted that the department took all possible steps in ascertaining whether any vacancy existed in the alternative post in the grade of Rs. 5,500– 9,000/-, against which the petitioner could have been accommodated as against the vacancy notified in September, 1999 vide Notification dated 20th September, 1999. However, as it was found that no alternative post in the said pay-scale was available, the petitioner was eventually accommodated by the department in the post of JCMA in the grade of Rs. 5,000-8,000. It is on this basis, the Tribunal found that there was no illegality committed by the department in the appointment of the petitioner to the post of JCMA against the pay scale of Rs.5,000-8,000/-. 2. Counsel for the petitioner, however, submits that the Tribunal has not adverted to the grievance of the petitioner that in the year 2002, when the petitioner was appointed in the post of JCMA, there was vacancy of Commercial Apprentice, against which the petitioner could have been accommodated being alternative pay-scale of Rs. 5,500-9,000. We are not impressed by this argument because the petitioner is relying on the information furnished to him pursuant to : 3 : wp-3990-11=.doc some RTI query. In the present case, however, the department has on affidavit placed before the Tribunal all relevant information, clearly asserting that at the relevant point of time, due to non availability of vacancy in the grade of Rs.5,500-9,000/-, the petitioner was considered for the post of JCMA in the grade of Rs.5,000-8,000/-. The RTI information on which the petitioner prefers to rely, therefore, cannot be the basis to counter the said plea taken by the department on affidavit before the Court of law. There is additional reason which impresses us to negative the grievance of this petitioner. In that, the notification regarding vacancy in the post of Commercial Apprentice for the year 2002 was notified on 30.11.2002, which is after the petitioner was already appointed in the post of JCMA in the grade of Rs. 5,000-8,000/- on 21st August, 2002. As aforesaid, the petitioner has been accommodated against the post of JCMA in furtherance of vacancy notified under Notification dated 20th September, 1999 for the post of Traffic Apprentice. Even for this reason, the grievance of petitioner is completely devoid of merits. 3. Accordingly, taking any view of the matter, the petition ought to fail. The same is dismissed. (R.Y.GANOO, J.) (A.M. KHANWILKAR, J.)