(1) wp9753-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9753 OF 2011 Vishnu Haribhau Palve PETITIONER VERSUS The State of Maharashtra & others RESPONDENTS ..... Mr. S.R. Choukidar, advocate for the Petitioner. Mr. K.G. Patil, A.G.P. for the Respondent-State. Mr. S.T. Shelke, advocate for Respondent No. 3. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 5th JANUARY, 2012 ORAL ORDER: 1. The petitioner challenges the order dated 10th March, 2010, passed by the Respondent No. 2 - Divisional Commissioner, Nasik, thereby rejecting the proposal moved by the Zilla Parishad, Ahmednagar for granting the early deemed date to the promotion of the petitioner. 2. It is the contention of the petitioner that though four months prior to the date on which the petitioner was actually promoted, the post was available, the petitioner has been given promotion subsequently. It is, therefore, submitted that the (2) wp9753-11 petitioner was entitled to an early deemed date of promotion. 3. It is not the case of the petitioner that he has been superseded by any junior. Merely because a post is available, it does not create a right in an employee to get promotion. In any case, the right is only to be considered for promotion and not to the actual promotion. Thus, no infirmity could be noticed in the order passed by the Divisional Commissioner to warrant interference. The petition is, therefore, rejected. [M.T. JOSHI, J.] [B.R. GAVAI, J.] npj/wp9753-11