1 wp-7003-11.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7003 OF 2011 Shri Hanumant Jagannath Nazirkar .... Petitioner vs State of Maharashtra and ors. .... Respondents Mr. A.V. Anturkar i/by Mr.S.B. Deshmukh for the petitioner. Mr. C.R. Sonawane, AGP for respondents/State. CORAM: D. K. DESHMUKH & ANOOP V. MOHTA, JJ. DATE : December 21, 2011 P.C.: Even if Mr. Kawale, who was the last candidate to be promoted, has declined to take up the appointment, the Petitioner who was next in seniority list will not get right to be appointed to the promotional post automatically or as a matter of right. All that he could have sought is that in case the Government decides to fill in the vacancy, he should be considered for that post. The MAT has rightly appreciated the controversy and has rightly dismissed the application filed. No interference is called for in the impugned order. The Petition is 2 wp-7003-11.sxw dismissed. No order as to costs. 2 The learned counsel appearing for the Petitioner submitted that MAT by its order which is impugned in the Petition had directed the Government to consider the Petitioner within a period of three months but the State Government did not do it within that period. Though ultimately the State Government considered the Petitioner and promoted him, the promotion of the Petitioner should relate back to the date when the MAT had directed the State Government to fill in the promotional post. The learned counsel, therefore, sought an appropriate direction from this Court. In our opinion, such a direction cannot be issued. In our opinion, the MAT was not justified in issuing a direction to the State Government to fill in a vacant post. As to when the vacant post should be filled in is in absolute discretion of the employer. No Court can issue a direction for filling in any post. In our opinion, therefore, it will not be prudent exercise of jurisdiction of this Court to make any direction for implementation of such a direction. (ANOOP V. MOHTA, J.) (D. K. DESHMUKH,J.)