JUDGEMENT
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(1.) As per the averments made, the petitioners were directly
recruited to the post of Auction Recorder/Arrival Recorder on adhoc basis
in the office of respondent Board on 19.7.1988 and 23.6.1988 respectively,
whereas respondent No. 3 & 4 were appointed as peon in the office of
respondent board. The services of the petitioners were regularized w. e. f
1.11.1991. Respondent No. 3 was promoted to the post of Auction Recorder
vide order dated 10.12.1998 and respondent No. 4 was promoted to the
post of Auction recorder vide order dated 26.7.2000. Both these
respondents were given promotion with effect from 2.9.1986. The
petitioners never challenged the aforesaid orders. Vide Annexure P1 the
respondent-board circulated the tentative seniority list of Auction
Recorder/Arrival recorder wherein respondent No. 3 was shown at
Sr. No. 257 and respondent no. 4 at Sr. no. 763 whereas the petitioners were
shown at Sr. No. 443 and 444 respectively.
(2.) It is the case of the petitioners that on coming to know that the
respondents have been given promotion w. e. f 2.9.1986, they submitted
objections which were never decided. It is the further case of the
petitioners that the respondent-Board circulated another seniority list
Annexure P2 wherein respondents no. 3 & 4 were shown at Sr. Nos. 312 &
287 respectively and the petitioners were shown at Sr. No. 484 & 485
respectively. Despite the objections raised by the petitioners, the same
were not decided. The petitioners represented to the competent Authority
vide Annexure P-3 and requested to rectify the seniority list.
(3.) It is the further case of the petitioners that respondents No. 3 &
4 have been further promoted as Mandi Supervisor on 28.6.2010 and
3.6.2011 respectively vide Annexures P-5 & P-6 and their claim has been
rejected regarding seniority over and above respondents No. 3 & 4 vide
order dated 30.8.2010 (Annexure P4) illegally and thus, the order Annexure
P-4 rejecting their claim and the seniority list Annexures P-1 and P-2 and
the promotion orders Annexure P-5 & P-6 of respondents No. 3 & 4, are
liable to be quashed.;
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