- (1.) THIS application has been filed for condonation of 32 days delay in filing the appeal. The application is accompanied by an affidavit. In view of reasons mentioned therein, it is allowed and delay stands condoned.
(2.) PRIVATE respondents Nos.3 to 10 filed CWP No.5575 of 2001 with a prayer that the seniority list showing the appellants as senior to them be quashed and respondent No.1 be directed to re -frame the seniority list as per Rules 8 and 15 of the Revenue Patwaris Class -III Services Rules, 1966 (in short the Rules). It was specifically alleged by them and it is also not in dispute that respondent Nos.3 to 10 joined service prior to the date of joining of the appellants.
(3.) THE learned Single Judge allowed their writ petition. Seniority list was quashed by stating that a conjoint reading of Rules 8 and 15 of the Rules, makes it very clear that merit list prepared by the Selection Committee cannot be made basis for determining seniority of the private respondents and the appellants. Before proceeding further, it is necessary to reproduce the provisions of Rules 8 and 15 of the Rules, hereunder: - "8. Qualifications for appointment (1) No Patwari candidate shall be eligible for appointment to the Service unless he qualifies the Patwar examination after attending the Patwar School for a minimum period of one year, and after passing the examination undergones such practical field training for a period of six months as may be specified by the Collector. (2)If the candidate fails to pass the Patwar examination within a period of 3 years from the date of his acceptance as candidate his name shall be struck off from the register of candidates. (3)Nothing in this Rule shall apply to a candidate who has already passed the Patwar Examination before he is accepted as a candidate and has also undergone practical field training as specified in sub rule (1)". 15. Seniority : The seniority inter se of members of the service in each cadre shall be maintained district wise and shall be determined by the length of continuous service on a post in that cadre:;