1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7512 OF 2009 Smt.Sheela Sohanlal Bhoir .. Petitioner V/s The Principal Secretary, Rural Development Department, Govt.of Maharashtra & Ors. .. Respondents Mr.N.V.Bandiwadekar for the petitioner. Mr.A.Palekar, A Panel Counsel for Respondent Nos.1, 2 and 5. “ ” CORAM : P.B.MAJMUDAR & R.G.KETKAR, JJ. 23rd March, 2010. P.C.: 1. By way of present petition, the petitioner has prayed for setting aside the order passed by the Maharashtra Administrative Tribunal, Mumbai dated 12th February, 2009 which is at Exh. `O to the Petition. The ’ Department prepared select list for effecting promotion to the post of Senior Clerks. The petitioner who was serving as Junior Clerk was placed at Serial No.3 in the select list prepared for promotion to the post of Senior Clerks. The said list was prepared on 26th June, 2007 and the life of the said select list was for one year. It is not in dispute that the petitioner at that time had not shown any inclination to accept the promotional post The Petitioner was at Serial No.3. Therefore the promotion was given from the said select list to the candidate at Serial No.4. Thereafter further vacancies arose and the candidate at Serial No.5 from the said select list dated 26th June, 2007 was promoted. The 2 aforesaid factual aspect is not in dispute. The select list prepared on 26th June, 2007 was to remain in force for one year upto 25th June, 2008. Within the aforesaid period of one year the said select list was in existence at the relevant time. There seems to be factual mistake in the order of the Tribunal as it is an admitted fact that Respondent No.3 whose number was at Serial No.5 was promoted on 27th March, 2008 as per the select list which was in existence and which was prepared on 26th June, 2007 and the said promotion was within one year and during the life time of the select list dated 26th June, 2007. 2. Considering the said aspect, the grievance of the petitioner is not at all justified and since she has refused the promotion, the next candidate in the select list was given promotion as per the Govt.Resolution dated 30th April, 1991. Accordingly we do not find any substance in this petition. Petition is dismissed. Notice discharge. (R.G.KETKAR, J.) (P.B.MAJMUDAR, J.)