1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1511 OF 2001 WRIT PETITION NO. 1511 OF 2001 WRIT PETITION NO. 1511 OF 2001 Bhikaji B.Gawade .. Petitioner V/s. The State of Maharashtra & Ors. .. Respondents Ms.Ranjana Todankar i/b.Mr.S.S.Pakale for the Petitioner. Mr.C.R.Sonawane for Respondents. CORAM : BILAL NAZKI AND CORAM : BILAL NAZKI AND CORAM : BILAL NAZKI AND S.S.SHINDE, JJ. S.S.SHINDE, JJ. S.S.SHINDE, JJ. DATE : 10TH JUNE, 2008. DATE : 10TH JUNE, 2008. DATE : 10TH JUNE, 2008. P.C.:- P.C.:- P.C.:- . The case of the Petitioner is that from the year 1997 he was working in Class III category and he was due for promotion as a Clerk in view of the resolution dated 23rd September, 1975. He challenged the appointment of Respondent Nos. 4 to 6 who were directly appointed. The case of the Respondents was, in terms of G.R., 25 only percent of posts can be filled up from of category III to Category IV and the Petitioner could not be considered because he did not 2 have the qualification required for appointment as a Clerk as he was not having any typing experience. In any case Respondent Nos. 4 to 6 are appointed from the quota meant for direct recruitment. The writ petitioner himself made a representation in 2003 seeking appointment as Hawaldar which was considered and the Petitioner was appointed as a Hawaldar. There are four categories in category IV. They are Sevak, Tapalwahak, Naik and Hawaldar. The Petitioner submits that since the post of Hawaldar was within the category of class IV, it was wrongly taken as promotion. The learned counsel for the Petitioner also submits that the Petitioner has also now acquired the requisite qualification regarding typing. 2. In this view of the matter we dispose of the Petition with a direction to the Respondents to consider the case of the Petitioner for promotion from the category of class IV to the category of Class III in accordance with rules, as and when the post is available. 3. The writ petition is, accordingly disposed of. 3 (BILAL NAZKI, J.) (BILAL NAZKI, J.) (BILAL NAZKI, J.) (S.S.SHINDE,J.) (S.S.SHINDE,J.) (S.S.SHINDE,J.)