- (1.) Leave granted. We have heard the learned counsel on both the sides.
(2.) This appeal by special leave arises from the order of the central Administrative tribunal, Bhubaneswar, made on 8/2/1996 in Application No. 6 of 1991.
(3.) The respondent employees were appointed to the posts of LDC in 1970-71. The appellant was later appointed in 1972-73. The question of their inter se seniority had come up before the government. The government in its order dated 4/2/1971 prescribed the minimum educational qualification,viz. , intermediate, for recruitment to the post of LDC in the district and subordinate offices. The contesting respondent employees are only Matriculates while the appellant has Intermediate educational qualification. On the basis of their educational qualifications, the government have issued instructions for fixation of their inter se seniority as under: "(A) All LD Clerks who have passed Matriculation or any equivalent examination shall be deemed to have been validly and regularly recruited and appointed as such and they shall not be required to pass the Recruitment Examination or any special qualifying test in lieu thereof prescribed by the government. (B) The seniority of the LD Clerks under category (a) above shall be fixed taking into account their services from the date of appointment as LD Clerks but in the gradation list of LD Clerks they shall rank immediately below the LD Clerks recruited during the same year with the minimum educational qualification prescribed by government in Finance Department Resolution No. 3968-F dated 4/2/1971. According to the revised gradation list to be prepared as above, they may be confirmed against permanent posts if available, provided they fulfil all other conditions necessary for confirmation. (C) Refixation of seniority of these clerks as mentioned in (b) above shall not entitle them to any promotional benefits retrospectively. (D) The LD Clerks so regularised will be entitled to draw their pay as per the principles laid down in Finance Department Resolution No. 3968-F dated 4/2/1971 read with Finance Department Resolution No. 90-F dated 2/1/1973 from the date of their appointment to such posts. ";