IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 397 OF 2006 GAJANAN S. PARAB, PRESENTLY ....Petitioner POSTED AT JUDICIAL LOCK UP, MARGAO GOA. Versus STATE OF GOA THROUGH CHIEF ....Respondents SECRETARY AND 2 ORS., Mrs. Asha Desai, Advocate for the Petitioner. Mr. S. R. Rivonkar, AGA on behalf of the respondents. Coram:- J. N. PATEL & N. A. BRITTO, JJ. Date:- 18th December, 2006 P.C. Heard learned Counsel on behalf of the petitioner and Shri Rivonkar, the learned AGA on behalf of the respondents. 2. The petitioner is presently working as Assistant Superintendent under the Inspector General of Prisons and along with the said post, the petitioner has been transferred and posted at the Judicial Lock up, Margao. Departmental inquiries are also pending against the petitioner. Meanwhile, the respondent no.1 has appointed respondent no.3 on a contractual basis as a stop gap arrangement to the post of the Superintendent of Sub-jail, Sada at Vasco da Gama. The post of the Superintendent of Sub-jail, Sada, is yet to be created and is in the process of being created. Respondent no.3 has already functioned as a Superintendent of the said Sub-jail on contractual basis and the contract will expire after about six months. Shri Rivonkar submits that the said post of the Superintendent will be created before the contractual appointment of respondent no.3 comes to an end. The claim of the petitioner is that he ought to have been appointed as a Superintendent of the said Sub-jail at Sada. The petitioner can have no claim to a non-existence post. On behalf of the respondent no.1, it is stated by Shri Rivonkar that as and when the post of the Superintendent of the Sub-jail Sada is created, the petitioner would be considered in accordance with law. 3. We accept the said statement. In the light of the said statement, we find that nothing remains to be decided in the petition and, accordingly, the same is hereby disposed of. J. N. PATEL, J. N. A. BRITTO, J. ef.