The date of entry into service holds the field for determining seniority, and age becomes a factor only when two or more persons are appointed on the same date.

A.H. Saikia, J.

1. Heard Mr. A. Samad Choudhury, learned Sr. Counsel assisted by Mr. I. Hussain, learned Counsel for the Appellant. Also heard Mr. A.B. Choudhury, learned Counsel appearing on behalf of the private Respondent No. 4 and Mr. A. Thakur, learned State Counsel appearing for the Respondents No. 1 to 3.

2. On consent of the learned Counsel for the parties, this writ appeal is taken up today itself for final disposal instead of adjudicating upon the Misc. case being MC No. 31/03 filed by the private Respondent No. 4 for vacation/modification of the interim order passed on 21.1.03 in this writ appeal by which this writ appellate Court directed to maintain the status quo as on that date i.e., 21.1.03.

3. This writ appeal has been carried from an order dated 10.10.02 rendered in Misc. Case No. 670/02 arising out of WP (c) No. 2495/02 by the learned Single Judge vacating the interim order passed on 24.4.02.

4. The Appellant's case briefly stated, is that by the order dated 18.4.02 which has been under challenge in this related writ petition, the Private Respondent No. 4 was allowed to hold the charge of Headmaster of the school in question showing him to be the senior most Asstt. Teacher therein ignoring the claim of the Appellant who was earlier directed by the competent authority to hold the charge of Headmaster in the said School considering his seniority. The learned Single Judge while issuing notice of motion in the related writ petition preferred by the writ Petitioner-Appellant, by order dated 24.04.02 has ordered as "As the Petitioner claims to be holding charge let a status quo be maintained till Friday." Feeling aggrieved by the said interim order, the Respondent No. 4 preferred the Misc. Case being MC No. 670/02 for vacation of the said order. The learned Single Judge upon hearing learned Counsel for the parties and taking into account factual position of the case vacated the interim order by the impugned order dated 10.10.02. The learned Single Judge in vacating the interim order has observed that there was no dispute as regard to the fact that the Respondent No. 4 joined the school in question on 10.02.71 when the Appellant joined therein on 1.6.73. It is also reflected that at the time of joining the school both the Appellant and the Respondent No. 4 were undergraduate. The school was provincialised on 1.1.84 and from the said date of provincialisation both the persons were given graduate scale of pay. But the claim of the Appellant is that since he passed the BA examination in the year 1973 when the private Respondent No. 4 passed the said examination after one year i.e., in the year 1974, he is senior to the Respondent No. 4. On the other hand, the stand of Respondent No. 4 is that as graduate scale of pay was granted to both of them on the same day, he having joined the school earlier to the Appellant, should be considered senior to the Appellant. The learned Single Judge has held that prima facie requirement of seniority is either the date of entry into service in the school or the date of getting Graduate scale of pay. When the Graduate scale of pay was granted on the same day to both the persons, the earlier date of passing BA examination becomes irrelevant and the date of entry would be counted. On careful perusal of the impugned order we unhesitatingly concur with the view expressed by the learned Single Judge.

5. Mr. A.S Choudhury, learned Sr. Counsel, challenging the application for vacation of interim order, has strenuously argued that vide communication dated 17.4.84 (Annexure-3 to the writ appeal) the Appellant's name was shown at SI. No. 1 considering his graduation obtained in 1973 and the Respondent No. 4 was placed at SI. No. 2 as he passed the BA examination in the year 1974 and accordingly he was shown to be senior in the said communication. The learned Counsel for the Appellant has also relied on Anr. communication dated 3.8.81 (Annexure-11 to the writ appeal) wherein laying down the cr