JUDGMENT:- The petitioner was appointed as Senior Care Taker by the Divisional Social Welfare Office some times in 1982. According to him he had passed S. S. C. in 1976 before joining the service. He had also taken some training in Social Service from Mahatma Gandhi Institute, Yerwada Pune. That training is also imparted by the Social Welfare Department. According to him appointment to the post of Probation Officer is to be made by nomination and promotion in the ratio of 50:50. However, in violation of the Rules the respondent repeatedly invited applications for the post of Probation Officer by giving advertisement and thus ignored the rights of the petitioner, who is duly qualified for the post of Probation officer. With this contention he filed complaint ULP No. 762 of 1991 before the Industrial Court Nagpur contending that the respondents had indulged in an unfair labour practice under M. R. T. U. & P. U. L. P. Act. He also sought a direction to the respondents to promote and appoint the petitioner as a Probation Officer. The claim of the petitioner was denied by respondents. According to them he does not possess requisite qualification and experience. The recruitment and appointment to the post of Probation officer is strictly made in accordance with rules and there is no rule for giving promotion to a person from Senior Care Taker cadre to the post of Probation Officer. It is contended that they never indulged in an unfair labour practice. 2. After hearing the evidence led by both the parties, the Industrial Court dismissed the complaint. Hence this petition. 3. On perusal of the impugned order and the evidence on record it appears that the petitioner had passed S. S. C. examination in 1976. He had taken training of 3 months from Mahatma Gandhi Institute at Yerwada Pune. He joined the service in Social Welfare Department as Senior Care Taker whose responsibility and duty is to take care of the children admitted in the Remand Home or Children Home. Evidence of Ravindra Patil Deputy Commissioner Establishment examined as witness on behalf of the respondents reveals that Recruitment Rules were framed in the year 1929. Till 1980 the post of Probation officer was filled in by promotion but since 1980 this post is being filled in by nomination. Evidence of Ravindra Patil Deputy Commissioner Establishment examined as witness on behalf of the respondents reveals that Recruitment Rules were framed in the year 1929. Till 1980 the post of Probation officer was filled in by promotion but since 1980 this post is being filled in by nomination. According to him promotional cadre may be from cadre of Peon Junior Care Taker• senior Care Taker to Junior Clerk and the post of Peon, falls in Class IV cadre while Junior Care Taker falls in Class III cadre. According to his evidence, Senior Care Taker may be promoted as Junior Clerk, Junior Clerk may be promoted as Senior Clerk, Senior Clerk may be promoted as Head Clerk and Head Clerk may be promoted as Office Superintendent. The some instances were brought on record to show that a person holding the post of Deputy Superintendent was promoted as Probation Officer. Mr. S. V. Gudadhe, Mr. V. P. Kulkarni, Mr. R. V. Kulkarni and Mr. Dastane were appointed as Junior Supervisor and then they were promoted as Deputy Superintendent and then as Probation officer. The petitioner did not produce any Rules to show that the Senior Care Taker could be promoted as Probation officer. At page 26 there is a copy of recruitment Rules in respect of Probation officer under Juvenile Branch. As per this, appointment of Probation Officer shall be made by the Chief Inspector Certified Schools either by nomination or by promotion and therein the qualifications are given for the purpose of selection for the said post by nomination. These Rules are totally silent as to what would be the channel of promotion leading to the post of Probation Officer. 4. Learned counsel for both the parties conceded that on an earlier occasion when this matter was taken up for hearing, the parties were directed to produce the relevant rules and today the learned AGP has produced the relevant Rules framed by Women And Child Development Department Government of Maharashtra as per Notification dated 18.10.2005. On perusal of these Rules it appears that there are two branches of the staff in this department. One is the Administrative Branch and another is Institutional Branch. 5. On perusal of these Rules it appears that there are two branches of the staff in this department. One is the Administrative Branch and another is Institutional Branch. 5. As per Rule 3 appointment to the post of Office Superintendent may be by promotion of a suitable person on the basis of seniority subject to fitness from amongst the persons holding the post of Superintendent, Head Clerk, Senior Clerk (Assistant), or by transfer of a suitable person holding equivalent post. Under Rule 4 Superintendent, Head Clerk or Senior Clerk (Assistant) may be appointed by promotion from amongst the persons holding the post of Senior Clerk or Statistical Assistant. Under Rule 8 Senior Clerk or Statistical Assistant may be appointed by promotion from amongst the persons holding the posts in the cadre of Junior Clerk or Junior Assistant. These are all the posts of Administrative Branch. 6. Rules 5, 6 and 7 deal with the appointments and promotion to the Institutional Branch. As per Rule 5 post of District Probation Officer, Superintendent (Institutions), Inspector Certified Schools and Institutions (Junior), Chief Officer, Office-in-Charge or Executive Secretary Group C may be made by promotion from amongst the persons holding the post of Probation Officer, Deputy Superintendent, or Assistant Inspector Certified School. Under Rule 6, appointment to the post of Probation Officer, Deputy Superintendent or Assistant Inspector Certified "School may be made by promotion from amongst the persons holding the post of Mukhyasevika having not less than three years regular service in that cadre, or by selection of a suitable person on the basis of merit from the merit list prepared on the basis of result of Limited Departmental Examination. Only the persons holding the post of Senior Clerk or Statistical Assistant having not less than 5 years regular service in that cadre and holding necessary qualification can participate in that examination. Thus it appears that from the Institutional Branch appointment to the post of Probation Officer may be made from amongst the post of Mukhyasevika. However the persons holding the post of Senior Clerk and Statistical Assistant from the Administrative Branch may participate in the Limited Departmental Examination for being selected for appointment to the said post. 7. Under Rule 7 appointment to the post of Mukhyasevika may be made by selection from amongst Honorary Anganvadi Workers having not less than 10 years experience. However the persons holding the post of Senior Clerk and Statistical Assistant from the Administrative Branch may participate in the Limited Departmental Examination for being selected for appointment to the said post. 7. Under Rule 7 appointment to the post of Mukhyasevika may be made by selection from amongst Honorary Anganvadi Workers having not less than 10 years experience. There is no rule to show that Junior or Senior Care Taker or Junior Clerk can be promoted as Probation officer. Learned AGP has produced a copy of the order dated 19.09.2006 whereby several persons holding Class IV (Group D) posts were promoted as Junior Clerk in Grade C or Class III. It indicates that posts of Senior Care Taker, Junior Care Taker, Peon, Watchman and Sweeper fall in the Class IV or Group D cadre and they were appointed as Junior Clerk on promotion. The post of Junior Clerk falls in Class III or Group C. 8. If these Rules are perused it is clear that present petitioner may be, at the most, promoted as a Junior Clerk and then a Junior Clerk may be promoted as a Senior Clerk and then after certain years of service the Senior Clerk may compete in Limited Departmental Examination for promotion to the post of Probation officer. This is a chain of promotions in the department. This chain is available as per Rules framed in 2005. Before these Rules are framed as pointed out earlier the chain of promotion was Junior Care Taker-Senior Care Taker-Junior Clerk-Senior Clerk and Head Clerk. There were instances where Deputy Superintendents were promoted as Probation officer. Now as per Rule 6 Deputy Superintendent is equivalent to Probation Officer and therefore Senior Clerk may get an opportunity to be selected and appointed as Probation Officer or Deputy Superintendent. There is no Rule, at least placed on record, to show that the Senior Care Taker can be promoted and appointed as Probation officer which is a senior post in the Institutional Branch. 9. Taking into consideration all the facts and circumstances it appears that neither the petitioner is qualified nor he has any experience nor he was holding the post from which he could have been promoted to the post of Probation Officer. His claim was utterly unjustified. The Industrial Court was right in dismissing his complaint. For the aforesaid reasons the petition stands dismissed. Petition dismissed.