1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3427 of 1997 Shaikh Nurul Amin Abdul Kadar, Age 45 years, Occ. Service. R/o. H. No. 44, Naikwaspura, Tal. Sangamner, Dist. Ahmednagar. Petitioner Versus 1] The State of Maharashtra 2] The Collector, Ahmednagar District Ahmednagar. 3] The Executive Engineer, B & C Department, Division at Ahmednagar. 4] The Deputy Engineer, Minor Irrigation, Local Sector, Sub Division at Sangamner, Dist. Ahmenagar. Respondents Mr. K.S.Bhore, advocate for the petitioner, Mr. R.K. Ladda, AGP for respondent nos. 1 to 4 Mr. B.N.Patil, Advocate for the respondent No.5. CORAM : B.R. GAVAI & S.V. GANGAPURWALA,JJ. DATE : 18TH JUNE, 2010. 2 ORAL JUDGMENT [ PER S.V. GANGAPURWALA, J.] : 1] By the present petition, the petitioner takes exception to the judgment and order passed by the Aurangabad Bench of the Maharashtra Admnistrative Tribunal, in Original Application NO. 283/1997, and also seeks relief to quash the order dated 1/4/1997, issued by the respondent No.3. 2] It is the case of the petitioner that he is SSC and initially on 18/10/1972, he was appointed as a Muster Clerk in Minor Irrigation Sub Division, Sangamner, upto 30th September, 1973. Thereafter, on or about 13th October, 1978 he was again appointed as a Muster Clerk till 1st June, 1979. On 1st June, 1979, he was appointed as a Muster Assistant in same pay scale and continued till 1st October, 1988. Again, he was continued upto 1st April, 1997. 3] Vide Govt. Resolution dated 1/12/1995, on account of the fact that the Muster Assistants were not required, the Government evolved a policy that they may be absorbed in other Departments. Pursuant to the said policy, on 1st April, 1997, the Executive Engineer, Minor Irrigation Division, Ahmednagar, appointed the petitioner on the post of Chowkidar. However, the petitioner did not join on the said post. Instead, he filed Original Application before the Maharashtra Administrative Tribunal at Aurangabad. 4] It is the contention of the petitioner that those, who were junior to him have been absorbed but he has not been absorbed commensurate to his educational qualifications and as such, claims 3 discrimination. 5] It is seen that the petitioner was appointed to the post of Chowkidar, but he did not join. An affidavit on behalf of the Sub Divisional Engineer, Minor Irrigation Division, Ahmednagar, also states that the petitioner was selected for the training course of Canal Inspector, but he had failed in the examination conducted for selection to the said course. He was all the way a temporary employee. The petitioner cannot claim appointment as of right. He could have accepted the post which was awarded to him. Though he was selected for the course of Canal Inspector, he failed for the said course. 6] As the petitioner could not have claimed the post as of right and as he could not be absorbed elsewhere, there was no impediment for the petitioner to join the said post of Chowkidar. Under such circumstances, the petition being sans merit, is dismissed, however, with no orders as to costs. Rule is discharged. [S.V. GANGAPURWALA,J.] [B.R. GAVAI,J.] grt/wp