1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No.2638 of 2010 [Anup Ramnarayan Shukla Vs. State of Mah. & others] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Anant Dixit, Adv., for the petitioner. Mr. T.R. Kankale, AGP for Respondent Nos.1 and 2. Mr. A.V. Kapgate, Adv., for respondent no.3. Mr. V.A. Dhabe, Adv., for respondent nos. 4 to 6. ----- CORAM : B.P. DHARMADHIKARI AND A.P. BHANGALE, JJ. DATE : 23rd August, 2011. 1. Heard learned Advs. For the parties. 2. Two different issues are mixed in one matter by petitioner. Petitioner claims that he has been promoted on non-existent post of Agriculture Officer. Another grievance is about promotion of respondent nos.4 to 6. The petitioner claims a similar treatment. 3. The fact of issuance of promotion order is not in dispute. The fact that petitioner is receiving pay-scale of that post is also not in dispute. Adv. Shri Dixit has pointed out that Audit Authorities have raised objection and pointed out that petitioner is shown to be accommodated against a non-existent post in the cadre. He also states that accordingly petitioner has made a representation on 10th August, 2009, which is still pending. 2 4. We are not persuaded by these arguments. However, if there is any audit objection, the respondents are duty bound to comply with it, and for that purpose if representation made by petitioner needs consideration, the respondents are free to consider the same in accordance with law. 5. So far as grievance against respondent nos. 4,5 and 6 is concerned, by order dated 24th February, 2006, issued by Rural Development & Water Conservation Department of State of Maharashtra, they are selected and appointed in purely temporary/ad hoc capacity on various posts in State Govt. cadre and not in Zilla Parishad cadre. The said grievance as raised before this Court in the present matter is misconceived. If petitioner has got any other remedy in that respect, such remedy can be resorted to by him if it is still open. 6. Hence with these observations and liberty, we dispose of this petition. No costs. Judge Judge |Hedau|