Judgement

SABYASACHI MUKHARJI, J.:- Special leave granted.

2. This is an appeal against the judgment and order of the High Court of Madhya Pradesh which in accordance with the well settled principle of this Court as also the High Court held that in the absence of any statutory rule or executive memorandum or order laying down the rule for determination of seniority in a grade, the normal rule applicable would be to determine the seniority on the basis of length in service. Counsel for the appellant contends that in the instant case there were two rules being 12(b) and 12(c) of the M. P. Civil Services (General Conditions of Services) Rules 1961 governing the case. These rules read as follows :-

"(b). Promoted Government Servants

A promoted Government servant shall count his seniority from the date of his confirmation in the service to which he has been promoted and shall be placed in the gradation list immediately below the last confirmed member of that service but above all the probationers.

Provided that where two or more promoted Government servants are confirmed with effect from the same date the appointing authority shall determine their inter se seniority in the service in which t