1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8395 OF 2008 Smt Jayshree S. Shisode ...Petitioner v/s The State of Maharashtra and ors. ...Respondents Mr S. Gite i/b Mr M.S. Karnik for Petitioner. Mr V.S. Gokhale, AGP for Respondent No.1. Mr G.S. Hegde for Respondent No.2. CORAM : D.K. DESHMUKH AND K.K. TATED JJ. DATE : 24TH NOVEMBER 2009. 2 P.C. :- 1] The husband of the petitioner was in the employment of the Maharashtra State Road Transport Corporation. He died while in service. The petitioner therefore, in 1998, applied for the post of Traffic Controller on compassionate ground. By letter dated 31st November 2000 she was informed that she is found eligible for appointment as Traffic Controller on compassionate ground but she cannot be given appointment because there are no vacancies in the cadre of Traffic Controller. She was, however, informed that if she is willing to apply for the post of Conductor, she may make application and if she is found fit, she will be appointed. The petitioner accepted the offer and made an application for the post of Conductor. Accordingly, the petitioner was appointed as Conductor in 2002. Then in the year 2006, she made an application that she was appointed as Conductor as a stop gap arrangement because there was no vacancy in the post of Traffic Controller, but now 3 there are vacancies in the post of Traffic Controller. It was her grievance that persons lower than her in the waiting list are appointed and therefore she should be considered. By order dated 8th October 2007, the petitioner was appointed as Traffic Controller. Thereafter, the petitioner made a representation. Her case was that the stand taken by the respondents in the year 2000 that there are no vacancies in the post of Traffic Controller when she was found eligible is not correct and therefore she should be given seniority in the post of Traffic Controller from the year 2000. That representation was rejected and therefore the petitioner has filed this writ petition. 2] In our opinion, the petitioner has no case for claiming the seniority from the year 2000. When the petitioner applied for the post of Conductor, she accepted the position taken by the respondent  Corporation that presently there are no vacancies in the cadre of Traffic Controller. Once having accepted that position and accepted the appointment 4 of Conductor, the petitioner cannot be allowed to go back on that position. Even assuming that the petitioner can do so, the material produced before us shows that the stand of the respondent  Corporation that there were no vacancies in the cadre of Traffic Controller is correct. The petitioner pointed out to us that in the year 2000, one Suresh Anand Darade was appointed as Traffic Controller, on 8th February 1999 Kailas Murari Garud was appointed as Traffic Controller and on 27th April 2000 Kamlakar Vinayak Pagare was appointed as Traffic Controller. It is thus clear that all these persons were appointed before the petitioner was communicated that there are no vacancies in the post of Traffic Controller. Therefore, the stand taken by the Corporation that as on 13th November 2000 there are no vacancies in the cadre of Traffic Controller is not belied by the material produced by the petitioner. Had it been the case of the petitioner that the abovenamed persons have been given appointments in supersession of the claim of the petitioner and therefore, the petitioner should 5 have been appointed as Traffic Controller in the year 2000, it was for the petitioner to challenge that stand taken by the respondent  Corporation and claim appointment as Traffic Controller. After having accepted the stand of the Corporation that there are no vacancies in the post of Traffic Controller and after having accepted the appointment as Conductor on that footing, the petitioner now cannot turn around and claim that she should have been appointed as Traffic Controller in the year 2000. Petition has no substance and therefore it is rejected. Parties to act on the copy of this order duly authenticated by Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE K.K. TATED )