(1) wp11479-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11479 OF 2010 Ramesh Chandrabhan Dhas PETITIONER VERSUS The State of Maharashtra and others RESPONDENTS .... Mr. G.G. Suryawanshi, advocate for the petitioner. Mrs. A.V. Gondhalekar, A.G.P. for the respondent/State. .... CORAM : D.B. BHOSALE & M.T. JOSHI, JJ. DATED : 24th MARCH, 2011 ORAL ORDER (PER M.T. JOSHI, J.) : 1. Heard. 2. The petitioner, by the present petition, seeks to quash and set aside the judgement and order passed by the Maharashtra Administrative Tribunal, Mumbai, Bench at Aurangabad in Original Application No. 71/2002, dated 17th August, 2010 whereby petitioner's prayers for granting benefit to him as a Senior Clerk and consequential payment of salary were (2) wp11479-10 rejected. 3. The petitioner was initially appointed as a Junior Clerk through Regional Selection Board, Nasik Region, Nasik on 9th September, 1996. He made a representation for his inter-divisional transfer on 14th May, 2000. Pending his representation, he was promoted, by an order dated 5th August, 2000, as Senior Clerk in Nasik Region. Thereafter, his representation for inter-regional transfer was considered and accepted. By order dated 20th April, 2000, he was transferred from Nasik Region and posted as a Junior Clerk in Aurangabad Region. He accordingly joined the services in Aurangabad Region. Thereafter, on non-consideration of his representation by the appropriate authorities, he filed the proceeding before the Maharashtra Administrative Tribunal, Bench at Aurangabad. Since the same was dismissed, the present petition is preferred by the petitioner. 4. The learned counsel for the petitioner submits that in view of the provisions of Rule 27 of (3) wp11479-10 the Maharashtra Civil Services (General Conditions of Service) Rules, 1981 (for short, "the MCS Rules"), he had a lien over his earlier post. He further submits that since he was directed to report to the transferred post of Junior Clerk in Aurangabad Region, he joined the said post and hence, he submits that the necessary directions be issued for his posting as a Senior Clerk in Aurangabad Region. 5. The learned A.G.P. submits that the petitioner himself voluntarily joined the transferred post in Aurangabad Region, which was given to him on his own request. As per the inter-regional transfer policy and procedure, he was posted even as a junior most candidate in the cadre of Junior Clerk. He has accepted the same and thereafter, he is agitating his demand to post him in Aurangabad Region as a Senior Clerk. 6. The provisions of Rule 27 of the MCS Rules are not applicable in the present case since the lien is kept on the earlier post, only when fresh appointment in certain other department of the (4) wp11479-10 Government of Maharashtra is secured by the employee. In the present case, we are dealing with inter- regional transfer. Further, the petitioner has not, at any point of time, communicated to the authorities that in view of his promotion as Senior Clerk in Nasik Region, he should be transferred as Senior Clerk in Aurangabad Region i.e. the region of his choice. On the contrary, on his request, his representation for inter-regional transfer was considered by the authorities and he was accordingly transferred to Aurangabad Region, posting him as a Junior Clerk. His request that the authorities be directed to post him as a Senior Clerk in Aurangabad Region, cannot now be considered. The Division Bench of the Maharashtra Administrative Tribunal has duly considered all these aspects. Thus, we do not find any error in the reasoning given by the Tribunal in the impugned order. In the circumstances, the writ petition is summarily dismissed. [M.T. JOSHI, J.] [D.B. BHOSALE, J.] NPJ/wp11479-10 (5) wp11479-10