1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1997 OF 2000 ... Shri J. Madhusudana Rao ...Petitioner v/s, The Chief Executive Officer ...Respondent ... Mr.G.N.Salunke for the Petitioner. None for the Respondent. ... CORAM: D.K.DESHMUKH, & R.G.KETKAR, JJ DATED: 9th September, 2009 P.C.: 1. By this petition the Petition seeks mandamus for his promotion to the post of Junior Research Officer. 2. The settled law is that no mandamus 2 can be issued by the High Court directing the employer to promote its employee. It is not the case of the Petitioner that in supersession of his claim somebody else has been promoted. Assuming that the post is vacant, the court can not issue mandamus to promote the Petitioner. In case the employer decides to fill in the vacant post and if the Petitioner makes out the case that he is entitled to be considered, the court may issue direction to the employer to consider the Petitioner for that post. But the learned Counsel appearing for the Petitioner is not in a position to say whether the post earmarked for Scheduled Caste is presently vacant, whether the employer/Respondent is making attempt to fill in that post denying opportunity to the Petitioner to consider for that post. In these circumstances, therefore, in our opinion, no relief can be granted to 3 the Petitioner. Petition, therefore, fails and is dismissed. Rule discharged. No order as to costs. (D.K.DESHMUKH, J.) (R.G.KETKAR, J.)