The court emphasized the importance of maintaining a common seniority list for promotion and held that the respondent was entitled to notional promotion and arrears of pensionary benefits based on the seniority list.

MUKUL MUDGAL, J.

( 1 ) THE Appellant, the Municipal Corporation of Delhi has filed the present Letters Patent appeal against the judgment of the Learned single Judge dated 4th December, 2001 passed in W. P. (C) No. 442 of 1980 by which judgment the writ petition was allowed in favour of the Respondent No. 1, who was an assistant Teacher in a school aided by the MCD.

( 2 ) THE brief facts of the case are as follows:-

a. On 1st April, 1958, the Respondent no. 1, Shri Deen Dayal Sharma was appointed Assistant Teacher in S. D. Dev nagari Pathshala, a primary school, aided by the MCD and owned by Messrs. Sanatan Dharm Sabha at a pay scale of rs. 330-500. He was confirmed in the same school and held a lien on this post.

b. On 17th September, 1968, the respondent No. 1 was transferred to s. D. Dev Nagari Pathshala Middle School (now called S. D. Higher Secondary school) without his consent. The respondent No. 7 Shri M. M. Gaur was appointed to the Selection Grade Post with effect from 13th February, 1978 which was approved by the Director of education. Both the primary and middle schools were under the management of Sanatan Dharm Sabha.

c. Aggrieved by the order of his transfer to Middle School, the Respondent No. 1 made repeated representations without any response in writing to the concerned authorities on 20th October, 1968, 27th january 1969, 10th September 1970, 26th July 1971, 6th July 1972, 1st january 1973, 25th February 1978, 26th february 1978, 2nd March 1978, 3rd march 1978, 5th August 1978 and 20th august 1979. The Respondent No. 1 was assured by the management and the concerned authorities that he would not be deprived of any benefits which accrue to him in the primary school.

d. On 11th December, 1978, the respondent No. 1 filed a civil suit, No. 570 of 1978 in the Court of the Senior Sub- judge, Delhi challenging his transfer to s. D. Higher Secondary School. The said suit was was dismissed on 29th february, 1980 on the grounds that it was not maintainable.

e. Thereafter the Respondent No. 1 filed a writ petition being C. W. P. No. 442 of 1980 in this Court at New Delh. The appellant filed a reply wherein it was stated on record that the Respondent no. 1 has been transferred to S. D. Higher secondary School which is under the control of the Directorate of Education, delhi Administration and as such respondent No. 1 has no subsisting cause of action against the Appellant and that the respondent No. 1 was transferred from S. D. Dev Nagari pathshala Primary School to S. D. Higher secondary School due to administrative reasons and it was not equivalent to the removal of respondent No. 1 from service.

( 3 ) THE Learned Single Judge after scrutinizing the facts on record and hearing the arguments, in the impugned judgment dated 4th December, 2001 held as follows:

a. The Respondent No. 1 was senior to shri M. M. Gaur who was given the selection Grade post in the cadre of assistant Teachers whereas the respondent No. 1 was denied the said promotion for no fault of his.

b. According to the Circular, of the directorate of Education, Delhi administration dated 14th November, 1979, "a joint seniority of the teachers working in various schools run by the same trust/society should continue to be maintained for the purpose of promotion and grant of Selection grade". At the relevant time admittedly both the primary and middle schools were being managed by the same management.

c. The Respondent No. 1 was transferred from the primary school to the middle school without his consent. Immediately after his transfer, he protested and submitted a number of representations but no relief was granted to him. The Respondent No. 1 ultimately had filed a civil suit which was dismissed as not. maintainable.

d. The concerned authorities had clearly assured the Respondent No. 1 on more than one occasion that because of this transfer, no harm will be done to any of his rights.

e. The Primary School has only one post of Selection Grade in the cadre o