The absence of an enabling provision in the advertisement or Service Rules to sustain the relief sought for by the Appellant led to the dismissal of the appeal.

JUDGMENT

P. R. Ramachandra Menon, C.J. - Whether the services rendered by the Appellant as Stenographer / Personal Assistant in the Madhya Pradesh State Administrative Tribunal (M.P. SAT) can be reckoned for calculating the ''seniority'' in the Establishment of High Court of Chhattisgarh, where the Appellant joined pursuant to a new recruitment exercise in the year 2001. The answer given in the ''Negative'' by the learned Single Judge in the writ petition filed by the Appellant is put to challenge in this appeal.

2. Heard Shri Vinod Deshmukh, learned counsel for the Appellant as well as Shri Vikram Sharma, the learned Deputy Government Advocate representing the State.

3. The factual matrix brought on record reveals that the Appellant was selected and appointed as ''Stenographer'' in the Principal Bench of the M.P. SAT on 24.07.1998, who came to be promoted to the post of ''Personal Assistant'' on 22.12.1998. On formation of the State of Chhattisgarh in the year 2000, the High Court in this State came to being and in response to advertisement issued for different posts, including the post of Stenographer on 30.03.2001, the Appellant also put forth the application. On coming out successful in the examination and the interview, the Appellant was appointed as Stenographer as per Annexure/R-1/2 order dated 29.11.2001. It was accordingly that, the Appellant was relieved from M.P. SAT as per Annexure/P-2 on 11.12.2001 and he joined the post of Stenographer in this High Court in the pay scale of 5500-175-9000/-.

4. It is the case of the Appellant that before relieving from the M.P. SAT, he had submitted Annexure-P/7 application to the 1st Respondent / High Court of Chhattisgarh for protection of his pay and to avoid any financial loss. It is stated that it was considered and order dated 16.01.2004 was passed by the State whereby the pay, which he was drawing at the time of relieving from the M.P. SAT, was protected by giving appropriate placement in the pay-scale attached to the post of Stenographer in the Establishment of the High Court of Chhattisgarh. According to the Appellant, since the service rendered by the Petitioner in the M.P. SAT from 22.12.1998 has been reckoned for granting ''pay protection'' in the pay-scale attached to the post of Stenographer in the Establishment of High Court of Chhattisgarh, it shall be reckoned for the purpose of ''seniority'' as well and hence the grievance.

5. The claim was resisted from the part of the Respondents in the writ petition. A detailed return was filed on behalf of the 1st Respondent / High Court of Chhattisgarh, also producing copies of the relevant documents including the advertisement for the post and the relevant orders as Annexures/R-1/1 to R-1/5. It was asserted before the Court that, the advertisement issued and the selection conducted was for new appointment to the post of Stenographer. ''Clause 11'' of Annexure/R-1/2 clearly mentioned that, the seniority would be counted only as per the placement in the merit list and not from the date of joining. Reference was also made to Fundamental Rule 22 (c) (1); adding that, the only benefit / concession given to the Appellant / Writ Petitioner was the ''pay protection'' with intent to rule out the financial loss to the Petitioner.

6. After meticulous analysis of the facts and figures, interference was declined by the learned Single Judge as discernible from paragraphs 6 and 7, which are reproduced below :

"6. I have heard learned counsel for the parties and perused the documents. The only question which comes to fore for adjudication is as to whether the services rendered by the petitioner at State Administration Tribunal Jabalpur from 22.12.1998 can be considered for calculation of the seniority in the establishment of the High Court of Chhattisgarh. The answer appears to be in negative, for the reason that advertisement for appointment by the High Court of Chhattisgarh was made on 30.03.2001 and though the advertisement Clause 3 cont