JUDGMENT - THAKKER C.K., C.J.:---The matter was not on board but is taken on board at the request of learned Counsel for the petitioner in view of the fact that the interim relief granted earlier was to expire today.

2. With consent of parties, we have taken the matter for final hearing and have heard the parties. Rule. Mr. C.R. Sonawane, Assistant Government Pleader, waives service of notice of rule for respondent Nos. 1 and 2. Mr. A.A. Garge learned Advocate, waives service of notice of rule on behalf of respondent No. 3.

3. A short question which arises for our consideration in the present petition is as to legality or otherwise of the action of respondent No. 3 Rail Child Sanstha, Kalyan, District, Thane in issuing an advertisement for filing of a post of Junior Clerk without considering the case of the petitioner for the said post.

4. The case of the petitioner which has not been disputed by the respondent-management is that he was appointed as a Peon by an order dated 12th June, 1990 and he resumed duty on 16th June, 1990. In 1994, the petitioner cleared secondary school certificate examination and thereby became eligible for the appointment to the post of Junior Clerk. On 1st

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