JUDGMENT

This appeal by special leave arises from the Judgment of the Division Bench of the High Court of Calcutta, dated December 23, 1982 in F. M. A. T. No. 3515/80 (reported in 1983 Lab IC 800). The appellant, while working as a Preventive Officer, Grade-II, was dismissed from service by way of disciplinary measure. But, on appeal the Division Bench of the High Court set aside the order of dismissal and remitted the matter to the disciplinary authority to consider the case on all aspects and pass appropriate order. Thereafter, the disciplinary authority by order dated August 9, 1973 considered the matter and imposed the penalty of reducing the pay for one year with cumulative effect. Thereafter, the appellant was promoted as Preventive Officer, Grade-I by proceedings dated August 9, 1974. Thereafter, he approached the High Court claiming seniority from the date to which he is eligible for fitment as Preventive Officer, Grade-I. The learned single Judge issued the writ and directed the authorities to grant him seniority according to the relevant rules. On appeal, the Division Bench, relying upon the procedure prescribed in the Circular F. No. 3/5/69-Ad. III-A, dated April 25, 197