112wp5104.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.5104 of 2009 (Eknath Kashiramji Madavi and anr. vs. State and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha and F. M. Reis, JJ. Date : 01/12/2009. Heard Mr. P. N. Shende, Adv. for petitioners. Counsel for petitioners has submitted that, insofar as promotion to the posts of Maharashtra Educational Services Class II posts is concerned, respondent nos. 4 and 5 though are juniors, are promoted to the said posts and claims of petitioners are given go- bye. Counsel for petitioners state that the procedure of promotion is based on seniority in the cadre and the petitioners being senior, the claims of petitioners ought to have been considered; however, the same is given go-bye; hence, the petitioners have approached this Court for necessary direction. We have specifically asked the Counsel for petitioners as to whether the petitioners have annexed seniority list to the petition and whether he has made any effort to find out whether the seniority list is maintained and by which Officer. The Learned Counsel was unable to answer the above referred queries made by 112wp5104.09.odt 2 . this Court nor there was any data placed on record in this regard. In the circumstances, it is not possible for us to ad-judicate upon the issue for want of necessary data and we hold that the respondents were/are juniors to petitioners as per the last seniority list published by the respondents. The petition suffers from lack of merits. Hence, the same is dismissed. JUDGE JUDGE jais