M.S.SHAH - (1.)Rule in Special Civil Application No. 1875 of 2001. The learned counsel for the respondents waive service of Rule.
(2.)Both the petitions are filed by the same petitioner who is presently holding the post of Supervisor under the Integrated Child Development Scheme of the State Government in Class-III service. The petitioner in Special Civil Application No. 3228 of 2001 has challenged the final seniority list dated 31.3.1997 of the cadre of Supervisors Class-III by contending that her placement in the said seniority list should be made on the basis of the date of joining service. In Special Civil Application No. 1875 of 2001, the petitioner has prayed for a direction that the petitioner be permitted to appear at the departmental examination for promotion to Class-II service by treating the petitioner as senior to others who are presently being permitted to appear at the examination. The petitioner, has, in the alternative, also prayed for a direction to consider the petitioner's request for higher scale in view of completion of 9 years of service.
(3.)In response to the notice, Affidavit in reply has been filed in Special Civil Application No. 1875 of 2001. It has been pointed out in the said Affidavit as under:
The provisional state wise seniority list of supervisor was prepared and circulated vide letter dated 15.10.1994 and objections were invited. After receiving the objections and considering the same, a final seniority list was prepared and circulated vide letter dated 31.3.1997. The seniority list was prepared taking into consideration the year of passing the selection process held by the Panchayat Selection Committee and the rank obtained by the candidates in the selection. Accordingly, the name of the petitioner was placed at serial number: 527 in the final seniority list. Column 10 of the seniority list provides information about the year of passing the Panchayat Selection Committee and rank obtained by the candidates. In accordance with the criteria formulated for preparing the seniority list, the petitioner's name came at serial No. 527 in the year 1997. This list is continued to be in operation from 1997 till date. Moreover, the petitioner has not objected nor filed any petition against the said final select list published on 31.3.1997 which continues to be in operation till date.

3.1 It is further stated in the said Affidavit that for the purpose of calling the candidates for departmental promotion to Class-II service to be held in May, 2001, the seniority list till date is operated till serial No. 500. Thus candidates who have not passed the departmental examination and whose name is in the final seniority list up to SNo. 500 have been called to appear for the present examination. The petitioner's name in the said seniority list appears that serial No. 527 and is thus not called for present examination. As stated hereinabove, the petitioner is junior to all those who are called for departmental examination and thus, the petitioner cannot be permitted to jump the que.

3.2 As regards circulation of the final seniority list, the respondents have stated in the reply affidavit that the final seniority list of supervisor circulated vide the office letter dated 31.3.1997 has been given to every supervisor through concerned Head of Office. The petitioner has not raised any objection against placement of her name at serial No. 527 in the said seniority list. The said seniority list is still operative and according to the said seniority list candidates are being called for in seriatim to appear for the departmental examination as the said seniority list has continued to be in operation for three to four years.