JUDGMENT - H.H. KANTHARIA, J.:---In this petition under Article 226 of the Constitution the petitioner challenges the promotion of the second respondent to the post of Personal Assistant to the Chairman of the Mormugao Port Trust (hereinafter referred to as " the M.P.T.").

2. The petitioner has been working as a Senior Stenographer (Grade-I) in the office of the M.P.T. from March 22, 1975. She claims to be number one in the seniority list of such Stenographers. According to her, the post of Personal Assistant to the Chairman is a promotional post for Senior Stenographers (Grade I) subject to a test. Therefore, a test was held in which she was declared successful alongwith three others whereas the second respondent had failed. The petitioner further contended that the post of Personal Assistant to the Chairman fell vacant on May 26, 1986 which was not filled up for a sufficiently long time and, therefore, she made representation from time to time for filling up that post by promoting her. She was informed by a memorandum dated June 3, 1988 that the post was not filled up for administrative reasons and a clearance for filling up the same was given only on January 4, 1988 and was fille

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