[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION L.P.A. NO.379 OF 2008 IN W.P.NO.8924 OF 2007 Shri.Jadhav Shivaji Namdeo ..Appellant Vs. The State of Maharashtra and Ors. ..Respondents .... A.M.Joshi for Appellant S.K.Chinchalikar AGP for Respondent Nos.1 and 2 .... CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. DATE : MARCH 20, 2009 DATE : MARCH 20, 2009 DATE : MARCH 20, 2009 P.C. P.C. P.C. 1. Heard the learned counsel for the Appellant. 2. The Appellant was appointed as Jr.Clerk in the School on 10.6.1994. The case of the Appellant is that thereafter he was reduced in rank from Junior Clerk/Laboratory Attendant to Peon with effect from 30.12.1999. Hence, he preferred an appeal before the School Tribunal. The School Tribunal by order dated 14.9.2007, dismissed the said appeal. The said order came to be challenged by the Appellant [-2-] by filing Writ Petition No.8924 of 2007 before this Court. The learned Single Judge by order dated 20.12.2007 rejected the said Writ Petition. Being aggrieved by the said order, this Letters Patent Appeal has been preferred. 3. The case of the Appellant is that he was reduced from the post of Jr.Clerk to the post of Peon and this was an illegal act on the part of the Management. However, we find that there is no evidence to show that the Appellant was ever appointed as Jr.Clerk. In view of the fact that there is no evidence to show that the Appellant was appointed as Jr.Clerk, the question of his reversion to post of Peon does not arise. In this view of the matter, we find no merit in the L.P.A. and hence, the same is dismissed. [J.N.PATEL, J.] [J.N.PATEL, J.] [J.N.PATEL, J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]