Ajit Kumar Sinha, J. - (1.) THE present writ petition has been preferred for the following reliefs: i) For issuance of an appropriate writ/order/direction for quashing the gradation list dated 2.6.2002 contained in Memo No. 3926 issued under the signature of Deputy Inspector General of Police (Personnel) Jharkhand Ranchi whereby and whereunder a gradation list has been prepared in which the person who are outside the cadre of the petitioners whose name figures from Sl. No. 13 to 25 have been included thus treating them senior to the petitioners, ii) For a direction upon the respondents to consider the case of the petitioners for promotion to the post of Deputy Superintendent of Police on the basis of gradation list to be prepared from the cadre of which the petitioners belong. The facts in brief are set out as under:
(2.) THE petitioners were directly recruited as Sub -Inspector of Police in the year 1975 -76 and they were promoted to the post of Inspector. However, in the gradation list dated 2.6.2.002 issued vide Memo No. 3923 from serial No. 13 to 25 the persons appointed directly on the post of Steno Sub -Inspector have been included who were promoted to the post of Sub -Inspector in the year 1982 -83. The main contention raised by the counsel for the petitioners is that the gradation list dated 2.6.2002 with reference to persons included in serial No. 13 to 25 is on the face of it illegal and unsustainable since the Steno Sub -Inspector formed a separate cadre altogether and even otherwise they were merged in the Sub -Inspector Cadre only in the year 1982 -83 that is much after the appointment of the petitioners directly on the post of Sub -Inspector in the year 1975 -76.
(3.) THE counsel for the petitioners has referred to and relied upon the judgment and order passed by the Division Bench of this Court in C.W.J.C. No. 6371 of 1990 on an identical issue wherein at paragraph - 11 it was held as under: 11. Keeping in view the facts of the present case and the principles governing determination of seniority it has to be held that for the purpose of determining inter -se -seniority of the petitioners and respondents No. 1 to 19, the respective dates of entry/appointment of these persons in the cadre of Sub -Inspector of Police can be the only relevant basis and neither the date of first appointment of the petitioners in another cadre nor the date of confirmation of the respondents on their respective posts is of any consequence for the said purpose.;