- (1.)Claiming seniority and promotion over Respondent Nos. 4 and 5, particularly Respondent No. 4, in the cadre of Grade III Employee, Petitioner has filed this writ petition.
(2.)It is the case of the Petitioner that she was appointed as a daily wage employee on 1.3.1987, her services were regularized on 1.3.1990 and even though she is shown to be senior to Respondents 4 and 5, Respondents 4 and 5 have been promoted in Grade III post whereas Petitioner has not been promoted.
(3.)Records indicate that on the basis of vacancies available a selection process was undertaken and after allocation of marks, appointments were made to the post of employees initially on daily wage basis, as is evident from the select list prepared by the Respondents vide selection procedure - Annexure R/3. In the selection procedure Petitioner received 36 marks out of 50 and was kept at Serial No. 4 in the merit list, whereas Respondent No. 4 Shri Ashok Kumar Koshti having received 40 marks out of 50 was kept at Serial No. 1. Even though the selection was made in the proceedings held on 9.3.1987 on the basis of the aforesaid merit prepared, but regular appointment to the post were ordered on 1.3.1990 vide Annexure P/1. According to the Petitioner after the regular appointments were ordered on 1.3.1990, various seniority lists were prepared using the criteria of granting seniority to the persons, who had worked as daily wage employee between 9.3.1987 upto 1.3.1990 and the person with the maximum number of days on which work was performed was granted seniority. Accordingly, various seniority list were prepared vide Annexures P/2, P/3 and P/4, in which the Petitioner is shown to be senior in some places and Respondent No. 4 in some places. Be it as it may be, contending that considering the total length of service calculated on the number of days work performed between 9.3.2007 to 1.3.1990, Petitioner is senior to Respondent No. 4 and, therefore, Petitioner's claim for promotion could not have been ignored, Petitioner has filed this writ petition.