The main legal point established in the judgment is the interpretation and application of Rule 42 of the Patna Municipal Corporation Act and the Patna Municipal Corporation Officers and Servants Pension Rules in determining the counting of services for seniority and pension, as well as the verification and fixing of the pay scale for the employees.

These three L.P.As. have been filed against the common order dated 5.4.2007 passed in C.W.J.C. No. 1943 of 2002 and C.W.J.C. No. 1975 of 2002*.

2. The grievance of the respondents-appellants herein is with regard to promotion to the post of Sanitary Inspector from the present post i.e. Sanitary Supervisor.

3. The litigation between the parties is with regard to preparation of the gradation list. The entire dispute is with regard to seniority among those Sanitary Supervisor who have acquired certificate of requisite qualification for sanitary Inspector from the recognized institutions of Government of Bihar were entitled to get promotion on the post of Sanitary Inspector under the Patna Municipal Corporation Act.

4. The respondents have filed these L.P.As. for a direction to review the appellants candidature with respect to objections on the ground that they were appointed on the consolidated pay of Rs. 180/- vide Order No. 36, dated 20.10.1976 (Annexure-5 of the writ application). The appellants were appointed on the daily wages as Sanitary Inspectors, whereas the appellants were completed training of Sanitary Inspector from the Health Institute, Patna. But however that Corporation has granted regular pay scale on 18.1.1984 for the post of Sanitary Supervisor and after training he had posted as In-charge, Sanitary Inspector. Thereafter, the joint gradation/seniority list was finalized by the respondent-Corporation and unofficial respondent was granted the regular pay scale with effect from 1 .5.1984.

5. We had an occasion to go through the proceeding of the Corporation dated 2.1.2002 (Annexure-4 to the writ petition), from which it appears that the final gradation list was issued by the Corporation on 15.12.2001 defending the objections which was the subject matter of the writ petition.

6. The learned Single Judge after having heard the matter and relying upon the rules of Patna Municipal Corporation has held that the services of the Supervisors who worked on daily wages should be counted for the purpose of fixing the seniority. The rules have also been provided such consideration to be extended to the daily wager. The learned counsel has conceded the seniority of the unofficial respondent in all the writ petition. It was also the case of the Corporation that for promotion amongst the respondents-appellants a gradation list was prepared for promotion to the post of Sanitary Inspectors and the above list is subjected to appeal before this Court.

7. The counsel who appear on behalf of unofficial respondents submitted before this Court that his date of appointment was earlier on consolidated pay scale whereas the appellants herein were appointed on a daily wages basis and his service was not regular.

8. From perusal of the rules of promotion of the employees of the Patna Municipal Corporation, it appears that the present rule of the Corporation decides whether an employee is entitled for full pension in respect of period of service on daily wages. A contention sought to be raised by respondents before the Single Judge with regard to Rule 42 of the Patna Municipal Corporation Act in which provision has been made for not counting the services of the daily wagers for promotion to the post of Sanitary Inspectors has been described.

The said fact has not been disputed, learned Single Judge has allowed the writ petitioners (sic-petition?) holding that the petitioners are also entitled for promotion to the post of Sanitary Inspector and directed the Corporation to issue fresh gradation list which shall be worked out within the parameters as indicated by the learned Single Judge.

"Temporary service shall also be counted for pension. The temporary service or officiating service in the Corporation will be counted for any other post for granting the full pension except with respect to the period of service on daily wages".

9. The factum of seniority has been disputed. The learned Single Judge has quashed the Annexure-4 which is the fixation of f