1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.2393 OF 2009 Chandrakant s/o Baburao Adsule ..PETITIONER VERSUS The State of Mah. & ors. ..RESPONDENTS Mr T.M. Venjane, Advocate for the petitioner; Mr N.N. Jadhav, AGP for respondents no.1 & 2; Mr V.D. Hon, Advocate for respondent no.3. CORAM : P.V. HARDAS AND NARESH H. PATIL, JJ. DATE : 18th September, 2009 PER COURT : This is a petition under Article 226 of the Constitution of India by which the petitioner challenges the appointment of the third respondent as Municipal Engineer (selection grade). The principal challenge in this petition by the petitioner to the appointment of respondent no.4 as the Municipal Engineer (selection grade) is that the aforesaid post of Municipal Engineer (selection grade) can come into existence only on the retirement of the petitioner or by the petitioner vacating the present post of Deputy Engineer which is being held by him. According to the petitioner, the petitioner attains the age of superannuation on 30.9.2009 and, therefore, the respondents could not have appointed respondent no. 3 on 16.2.2009 as the Municipal Engineer (selection grade) as the aforesaid post was not in existence. 2 2. The petitioner undisputedly is not affected in any manner by the appointment of respondent no.3 as the Municipal Engineer (selection grade). The pay scales and other benefits to which the petitioner is entitled to in law are not affected. Consequently, the petitioner has no right to challenge the appointment of respondent no.3 as the Municipal Engineer (selection grade). The aforesaid challenge could only be maintained as a public interest litigation. However, public interest litigation insofar as relates to service matter is not maintainable. 3. In the light of that, therefore, we do not see any merit in the petition and the petition is summarily dismissed with no order as to costs. ( NARESH H. PATIL, J.) ( P.V.HARDAS, J.) amj/wp2393.09