1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6564 OF 2008 WRIT PETITION NO. 6564 OF 2008 WRIT PETITION NO. 6564 OF 2008 Rambhau Damodhar Shejwal ...Petitioner Versus The State of Maharashtra & Ors. ...Respondents Mr. P.M.Pradhan, Advocate i/b. Mr. Ajit R.Pitale, Advocate, for the petitioner. Mr. V.S.Masurkar, Government Pleader, for the State. CORAM: BILAL NAZKI & J.H.BHATIA,JJ. CORAM: BILAL NAZKI & J.H.BHATIA,JJ. CORAM: BILAL NAZKI & J.H.BHATIA,JJ. DATE: 18th November, 2008. DATE: 18th November, 2008. DATE: 18th November, 2008. P.C P.C P.C. 1. This Writ Petition has been filed challenging the order of Maharashtra Administrative Tribunal in Original Application No.13 of 2003 filed by the petitioner. The Application has been dismissed. 2. Brief facts of the case are that before the 2 Tribunal the petitioner challenged the order dated 14.12.2002 passed by the Superintending Engineer, Ghatghar Hydro Electric Power Circle & Zonal Office, Nashik, cancelling the promotion order dated 27.5.2002 on the ground that the petitioner had not joined the post to which he had been promoted within the time specified in the order. He was asked to join within a period of 30 days but he did not join and approached the Minister and got the order of posting changed to another place, but still he did not join. 3. The learned Counsel for the petitioner submits that till 13th June, 2002, he had no information that he was to join the promotional posting within one month, but after receiving the order on 13.6.2002, he did not join till 5.12.2002 even after the order of posting was changed at the instance of the Minister. He did not join even at the place where he was posted by order dated 18.10.2002. On 11.11.2002, he made an application for change of his posting. Before the application for modification of posting, the Superintending Engineer and Administrator, Command Area Development Authority, Nashik, on 2.11.2002 issued a notice to the applicant calling upon him to join the post within seven days from the receipt of the notice dated 2.11.2002, but the petitioner did not join and ultimately this promotional 3 order was rescinded. The petitioner was not, at any point of time, interested in joining the promotional post at a place of posting chosen by the Respondents but he wanted promotion and posting of his choice which is not possible. The Government waited for seven months from the date of order of promotion for the petitioner to join his posting and even at the changed posting, but he did not join. 4. Therefore, we do not find that there is any merit in the Writ Petition. The Tribunal was right in dismissing the Original Application. The Writ Petition is accordingly dismissed. (BILAL (BILAL (BILAL NAZKI,J.) NAZKI,J.) NAZKI,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)