Judgment:
1 Writ Petition No. 12340/2012 21.1.2013 Shri S.D. Mishra, learned counsel for the petitioneRs.Heard.
Aggrieved of fixation of seniority of Adhyapak Grade vide gradation list dated 10.2.2011; whereby, the petitioners are placed below respondent Nos. 5, 6 and 7, present writ petition has been filed.
Petitioners and respondent Nos. 5, 6 and 7 were initially appointed as Shiksha Karmi Grade II on 3.8.1998, though they joined their posts on different dates.
That, later on the petitioners and respondents have been designated as Adhyapak w.e.f 1.4.2007. That, in a consolidated gradation list of Adhyapak in Jila Panchayat Rewa, district Rewa as on 1.4.2011 respondent Nos. 5, 6 and 7 are at serial No. 1, 2 and 3; whereas, the petitioners are at Sl. No. 32, 9 and 65 respectively. This being the cause of grievance, it is urged that in the year 2009, the petitioners were placed above respondents 5, 6 and 7 on the basis of joining and the same has been changed in 2011 wherein petitioners are shown junior to respondent Nos. 5, 6 and 7. It is contended that the seniority has to be fixed on the basis of joining the post.
No rule or regulations have been commended at to substantiate the claim that the seniority should be fixed in accordance with date of joining. Whereas, it is observed from gradation list of 2011 that the initial date of appointment and confirment in the post of Adhyapak being same, the seniority has 2 been assigned on the basis of date of birth older in age being senior. There appears to be no illegality, in absence of any rules to the contrary, of assignment of seniority where the date of appointment being same, on the basis of age.
In view whereof, no interference is caused.
Petition fails and is hereby dismissed. No costs.
(SANJAY YADAV) JUDGE VT/