1 wp-10258-10.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10258 OF 2010 Nitin Charandas Meshram .... Petitioner vs Rail Child Organisation Kalyan and ors. .... Respondents Mr. V.N. Tayade for the petitioner. Mr. A.A. Garge for respondent no.1. Mr. N.V.Bandivadekar for respondents 4 and 5. Mr. C.R. Sonawane, AGP for respondent no.6. CORAM: D. K. DESHMUKH & ANOOP V. MOHTA, JJ. DATE : December 21, 2011 P.C.: By this Petition, the Petitioner is challenging the appointment of Respondents 4 and 5 to the post of clerk. The gravamen of the Petition appears to be that because the Petitioner is working as a peon in the same institution and because he had improved his qualification, he was entitled to be promoted to the post of clerk. For that purpose, 2 wp-10258-10.sxw he relies on a judgment of the Division of this Court in the case of R.S. Khairnar vs. State of Maharashtra, 2003 (4) Mh.L.J. 470. By a judgment of Full Bench of this Court in the case of Tanaji Madhukar Barbade vs. State of Maharashtra, 2010(6) Mh.L.J. 901, the above referred judgment of the Division Bench has been considered the relevant provisions of MEPS Rules and it has been held that the same does not provide for promotion. It only provides for preference to an employee who is already working in the institution. In this view of the matter, therefore, there is no substance in the petition. The Petition is dismissed. Rule is discharged. No order as to costs. (ANOOP V. MOHTA, J.) (D. K. DESHMUKH,J.)