JUDGMENT - Kanade M.p., j: - The only point involved in this Writ Petition under Article 226 of the Constitution is as to whether the order passed by the learned District and Sessions Judge, Akola, dated June 27, 1979 appointing respondent No. 3 T.P. Harkare as an Additional Clerk of the District Court, Akola, under Rule 330 of the Bombay Civil Services Rules, 1959 is on public grounds. The petitioner D. S. Kulkarni is working as a Clerk of the Court(Senior Clerks Higher Grade) in the Court of the Civil Judge, Senior Division, Washim. it is alleged that he is the senior most in the gradation list prepared by the District Judge, Akola and entitled to promotion to the post to which the respondent No. 3 is appointed by the learned District Judge, Akola.

2. Respondent No. 3 T.P. Harkare was working as an Additional Clerk in the District Court, Akola and he was due to retire on June 30, 1979.

3. It appears that the respondent No. 3 applied to the District Judge, Akola for giving him further continuance in the service and has requested that he may be employed in the same post or he may be re-appointed as a Junior Clerk, which, according to him, is his substantive post. Nearly twenty other

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