1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 340 OF 2010 Dilip Tukaram Kadam & Ors. ... Petitioners Vs. The State of Maharashtra & Ors. ... Respondents Shri Uday P.Warunjikar, Advocate, for the petitioners. Shri G.W.Mattos, AGP, for the respondents CORAM: F.I.REBELLO AND J.H.BHATIA, JJ. DATE : 2nd March, 2010. P.C. 1. Heard the learned Counsel for the petitioners. 2. The petitioners are disabled persons working in the Sales Tax Department of the respondent No.1 as Telephone Operators with the time scale of Rs.3200-4900. The petitioners had filed a writ petition before this Court, being Writ Petition No.4314 of 2008. This Court, while disposing of the petition on June 24, 2008 noted that the main grievance of the petitioners is that they have no promotional avenues and the respondents therefore should create avenues for promotion of the petitioners and give them reservation in lieu of the Disabilities 2 Act, 1995. In view of that argument,the learned Bench was pleased to observe that creation of promotional avenues and additional posts is a function of the State and in these circumstances, to consider the representation of the petitioners and pass appropriate orders. 3. The State thereafter after considering the representation was pleased to intimate to the petitioners that there was a post in Mantralaya of Chief Telephone Operator which carries a pay scale of Rs.4000-6000 and that pay scale is made applicable as time bound promotional scale also for the petitioners. It is also noted the demand of the petitioners that they should be given pay scale of Rs.5500-9000 by creating a post of Chief Telephone Operator in the Sales Tax Department. It was noted that if any such higher pay scale is given by creating a post of Chief Telephone Operator in the Sales Tax Department, similar demands would arise in other departments and as such the State was not willing for the same. 4. The matter of creation of post and pay scale is in the realm of the Government. The only area where this Court can intervene if there is arbitrariness on the part of the State. In other words, it is not possible to create two posts having dissimilar pay scale. In the instant case, all posts of Telephone Operator 3 carry time scale of Rs.3200-4900 and the post of Chief Telephone Operator in the time scale of Rs.4000-6000. This time scale of promotional post given is also made available to Telephone Operators in the Department of Sales Tax on completion of 12 years and meeting other requirements. 5. In our opinion, therefore, we cannot find any fault with the action of the State nor has the State committed any violation of the provisions of Sec. 47 of the Persons with Disability Act, 1995. With the above observations, the petition is disposed of. (J.H.BHATIA,J.) (F.I.REBELLO,J.)