C SYED GHOUSE Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition was disposed of by this Court on the 29th of June, 1971 in the absence of Mr.V.K.Govindarajulu, Counsel for the petitioner, but after an examination of the merits of the case with the assistance of the Government Pleader and Mr. Rama Jois, who appeared for one of the respondents. Mr. Govindarajulu has now made an application to set aside the last order and to hear him in support of his client's case. To enable him to do so, we have set aside the last order and heard him and now proceed to dispose of the Writ Petition afresh.

(2.) The petitioner's prayers are for the quashing of the final inter-State seniority list dt.25th March, 1968 so far as it relates to the cadre of Sericultural Inspectors and secondly to issue a mandamus directing the Government to prepare afresh an inter-se seniority list of Sericulturists of the ex-Mysore State before the process of integration under S.115 of the States Reorganisation Act can commence.

(3.) As pointed out in the last order, the principles of law governing the preparation of gradation list called the inter-State seniority list as a result of integration of services are now well established. The two stages to the process are equation of posts and the measuring of length of service in equated posts. Once the conations are validly settled then the only factor for consideration in the matter of settling relative seniority is to determine the length of service of the persons concerned in the equated posts : for the said purpose service of every charactor including temporary and officiating service has to be counted excluding only service, relatable to fortuitous circumstancps and stop-gap arrangement.