ORDER

By order dated September 16, 1996 passed by our learned brethren Justice N.P. Singh and Justice S.B. Majmudar, placed these matters before this Bench, since the controversy had already been decided by this Court in a matter in which one of us, K. Ramaswamy, J. was a member, viz., State of Maharashtra & Anr. v. Sanjay Thakre & Ors.1. These cases arise from the common order of the Administrative Tribunal, Bombay in Application No. 83/96 etc. dismissing the above judgment.

2. Mr. M.S.L. Patil, party appearing-in-person has raised five contentions, namely, that the combined seniority as per the rules was to be maintained from the date of the regular appointment or promotion. As per the rules, the petitioner came to be appointed prior to the appointment of the direct recruits. Therefore, the entire length of service rendered by him as an Assistant Conservator of Forests requires to be tagged for maintaining his seniority. If so considered, he would be senior to the direct recruits. Therefore, they cannot scale march over the promotees. It is also contended that the direct recruits unfilled quota cannot be carried forward. He places reliance on the Judgment of this Court in Indra Saw