DEVENDRA BAPNA Vs. STATE OF MP

JUDGEMENT

(1.) AS common questions are involved in both the petitions, they are being decided by a common order. The present petition i. e. W. P. No. 23798/03 is filed by the petitioner seeking seniority over respondent No. 4 on the post of Joint Director. The petitioner submitted a representation against the seniority assigned to the respondent No. 4 above to the petitioner and the said representation was rejected by order dated 11-8-1997 which is Annexure A/1 to the petition.

(2.) IN the present case, there is no dispute between the parties that petitioner was senior to the respondent No. 4. The petitioner was appointed as Assistant fisheries Officer on 15-11-1971 and respondent No. 4 was appointed as Assistant fisheries Officer in the year 1972. A gradation list was published by the respondents which is Annexure A/3 showing the position as on 31-3-1994. In this seniority list, the petitioner was placed at serial No. 1 and respondent No. 4 was placed below to the petitioner.

(3.) THE petitioner was selected by the Public Service Commission for the post of Assistant Director and was placed at Serial No. 1 in the panel and so far as respondent No. 4 is concerned, he was also selected by the Public Service commission and was placed at serial No. 4 in the waiting list. The petitioner was placed in the main merit list.