(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 12616 of 2010 (In Writ Petition No. 2001 of 2010) 1. The State of Maharashtra, Through the Secretary, Home Department, Mantralaya, Mumbai. 2. The Special Inspector General of Police, Maharashtra State, Aundh, Pune. 3. The Deputy Superintendent of Police .. Applicants (Administration), (Original Motor Transport, respondent Maharashtra State, Pune. nos.1 to 3) versus 1. Mohammed Sajid Hussain s/o. Mohammed Shakir Hussain, Age : 39 years, Occupation : Service, Resident of Police Headquarters, Parbhani. 2. Ashok Bhujangrao Kadam, .. Respondents Age : 39 years, (Original Occupation : Service, petitioners) Resident of Police Headquarters, Hingoli, Dist. Hingoli. ....................... (2) Mrs. A.V. Gondhalekar, Assistant Government Pleader, for the applicants. Ms. A.N. Ansari, Advocate, for non-applicant nos.1 and 2. ........................ CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATE : 7TH OCTOBER 2010 COURT'S ORDER (Per B.R. Gavai, J.) : 1. By way of present application, the applicant / State has moved this court, for modification of the order passed by this court, dated 18th March 2010. 2. It appears that the original petitioners, contending that there are no rules framed for availing the promotional avenue to the Assistant Sub-Inspectors working in the Department, for the post of Police Sub-Inspector (Motor Transport), had approached the Maharashtra Administrative Tribunal. The learned Tribunal has dismissed the Original Application. Being aggrieved thereby, the original petitioners have preferred Writ Petition No. 2001/2010 before this court. 3. It appears that on 18th March 2010, this court, noticing that there was an ad interim order in the proceedings (3) before the learned Tribunal, directed the parties to maintain status quo. 4. Mrs. A.V. Gondhalekar, learned Assistant Government Pleader appearing for the applicants, submits that in view of the order of status quo passed by this court, the entire process of selection of 73 posts of Police Sub-Inspector (Motor Transport) has come to a standstill. She submits that there are 66 posts which are vacant and on account of the interim order, all these posts cannot be filled in though the selection process is almost complete. 5. Ms. A.N. Ansari, learned Counsel appearing for the original petitioners, vehemently opposes the application. She submits that the petitioners are not concerned with only their individual rights but the rights of all the promotees and therefore, the status quo, which is granted, needs to be maintained. 6. This court is only concerned with the parties who approach the court. Even in case, the petitioners succeed, they would be entitled to get a relief, only in so far as their individual interest is concerned. In a petition, of the nature filed by the petitioners, an order in rem would not normally be granted. In that view of the matter, we find that the interest of the petitioners, who are two in number, would be secured, if the (4) respondents in the writ petition (applicants herein) are directed to keep two posts vacant till the decision of the present petition. For the interest of only two individual persons, the entire selection process cannot be permitted to be kept at standstill. 7. In the result, we pass the following order : The order dated 18th March 2010, passed in Writ Petition No. 2001/2010, is modified as under : During the pendency of Writ Petition No. 2001/2010, the applicants (respondents in the writ petition) shall keep two posts, of Police Sub-Inspector (Motor Transport), vacant. It is needless to state, that the selection process, in so far as other posts are concerned, the same shall proceed in accordance with law. 8. With the aforesaid directions, the Civil Application is disposed of. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/ca12616