Barin Ghosh and Navaniti Pd.Singh JJ.

1. On 14th November,1969, the appellant was appointed on the post of Assistant Professor in the Industries Department, Govt, of Bihar. This post carried a pay scale of Rs. 325-985. While the appellant was working as such, the Industries Department, Govt, of Bihar, published an advertisement inviting applications for filling up the posts of District Industries Officer. This post then carried a pay scale of Rs. 325-985. The appellant responded to the said application. His application was forwarded through proper channel. Thereupon, having been selected for the said post, he was appointed on the post of District Industries Officer on 21st June, 1974 and joined the said post on 12th July, 1974. After the appellant joined the said post, he was accorded pay protection. The nomenclature of the post of District Industries Officer has been changed to Manager, District Industries Centre.

2. The appellant is contending that his seniority in the post of Manager, District Industries Centre be counted from 14th November, 1969, since when he started discharging Ihe duties of Assistant Professor. This claim having been rejected by the Government and, u