(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 9657 of 2009 (In Writ Petition No. 5328 of 2004) Anil s/o. Bhagwan Akoskar, Age : 43 years, Occupation : Service, R/o. Kolewadi, Taluka & District : Osmanabad. .. Applicant. versus 1. The State of Maharashtra (Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32). 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad (Through its Member Secretary). 3. The Director General of Police, M.S., Mumbai. 4. The Executive Magistrate, Osmanabad. .. Respondents. .......................... Mr. S.B. Talekar, Advocate, for the applicant. Mr. R.P. Phatke, Additional Government Pleader, for respondent nos.1, 3 and 4. (2) Mr. U.S. Malte, Advocate, for respondent no.2. .......................... CORAM : B.R. GAVAI & N.D. DESHPANDE, JJ. DATE : 18TH SEPTEMBER 2009. COURT'S ORDER : 1. By way of present application, the applicant is seeking a direction to the respondents, to promote him as Police Inspector with effect from 3rd May 2008. 2. It is the contention of the petitioner, that the persons junior to him, belonging to open category, have been promoted as Police Inspectors. 3. We find that we cannot issue directions to the respondents, to promote the petitioner with effect from a particular date. However, we clarify that the pendency of the petition shall not come in the way of the respondents, in considering the claim of the petitioner for being promoted as Police Inspector, in Open Category. It is further made clear that if the petitioner is found to be entitled for promotion, his claim for promotion shall be considered from the date on which a person junior to him has been promoted as a Police Inspector. Needless to state, that the promotion that may be granted to the petitioner shall be subject to the final decision of the petition. (3) 4. With the aforesaid directions, the Civil Application is disposed of. ( N.D. DESHPANDE ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/ca9657