M.Y.EQBAL, J. - (1.) HEARD learned counsel for the parties.
(2.) IN this writ application the petitioner has challenged the gradation list by which the seniority of the petitioner vis -a -vis respondent Nos. 3 and 4 has been changed and pursuant thereto the respondent Nos. 3 and 4 have been promoted in senior selection grade without considering the case of the petitioner. In 1967 the petitioner was appointed as a Work Charge Overseer under the respondents In pursuance of letter dated 14.4.1967. The petitioner Joined the work charge establishment on 25.4.1967. After joining the petitioner worked continuously without any breakage and was appointed on regular basis vide letter dated 16.5.1969. However, the pay fixation was done after regularising and taking into account the services of the petitioner with effect from 14.4.1967. The respondent Nos. 3 and 4, however, were appointed as a direct recruitee vide notification dated 16.5.1969 in the post of Overseer/Junior Engineer. The petitioners case is that in 1974 the seniority list was prepared in which the petitioners position was shown at serial No. 217 while respondent Nos. 3 and 4 at serial Nos. 224 and 227. IN 1979, 1981 and 1983 fresh seniority list were published and those lists also the petitioner was shown above respondent Nos. 3 and 4. However, in 1991 a fresh seniority list was again published in which the position of the petitioner was changed and he was put at serial No. 116 whereas respondent Nos. 3 and 4 were put at serial Nos. 106 and 109. The petitioners case is that the aforesaid seniority list dated 10.1.1991 is absolutely illegal, arbitrary and without jurisdiction. The petitioner filed a representation against the said seniority list but nothing was done. In the meantime, the respondent Nos. 3 and 4 were promoted to the post of senior selection grade without considering the case of the petitioner.
(3.) THE case of the respondent -State in the counter -affidavit is that in 1968 the petitioner and the respondent Nos. 3 and 4 applied for the post of Junior Engineer in pursuance of the advertisement published on 4th March, 1968. After completion of the selection processes, the Selection Committee prepared a merit list in which the respondent No. 3 has been placed at serial No. 3 and respondent No. 4 at serial No. 6 and the petitioner at serial No. 14. It is stated that though the said merit list does not bear the signature of any member of the Selection Committee, the petitioner and respondent Nos. 3 and 4 were appointed vide Notification Nos. 203 and 205 dated 16.5.1969.;