pvr 1 WP1548-09 IN THE HIGH COURT JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1548 OF 2009 1.Dinesh Prabhakar Wadke & Ors. ...Petitioners vs. 1.The Chief Judge & ors. ...Respondents --- Mr.S.G.Kanetkar, for Petitioners. Mr.M.S.Karnik, for Respondent nos.1 & 3. Mr.D.A.Nalavade, GP with Mr.R.M.Lokhande, AGP for Respondent-State. --- CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. DATED: 14th October, 2010 P.C.: 1. The petitioners are working as Higher Grade Stenographer. They have filed this petition claiming scale of the post of personal assistant with effect from 2006. Admittedly, they have been given scale of the promotional post from 2010. According to the respondents, the petitioners are pvr 2 WP1548-09 not entitled to the scale of promotional post though they have completed more than 12 years of service in the post of Higher Grade stenographer because they are not eligible for promotion to the post of Personal Assistant. The case of the respondents is that even for recruitment as Higher Grade stenographer, passing of Government Commercial Certificate Examination is necessary. However, in the post of Higher Grade Stenographer their services were regularised though they have not passed GCC examination. Passing of that examination is necessary in order to be eligible for promotional post. As the petitioners, admittedly, did not possess that qualification, they were not eligible for the promotional post of Personal Assistant in the year 2006 though they had completed 12 years of service. Therefore, according to the respondents, they are not entitled to claim the scale of promotional post on completion of 12 years of service. 2. We find from the Government Resolution pvr 3 WP1548-09 which is relevant for our purpose that for getting the benefit of higher promotion scheme, a person must be eligible for the promotion in the sense that he must possesses the qualifications which are necessary for the promotion. Merely on completion of 12 years of service automatically a person does not become entitled to the scale of higher grade. In this view of the matter, therefore, in our opinion, the petitioners are not entitled to any relief that they have sought. The petition is,therefore, rejected. (D.K.DESHMUKH,J.) (N.D.DESHPANDE,J.)