In the absence of service rules, seniority should be determined based on the length of continuous service.

The petitioner joined as an Assistant Engineer (Elect) under the North Eastern Electric Power Corporation, for short the Corporation, respondent No. 1, on 1.12.76. Respondent Nos. 7 and 6 also joined in the said posts under the Corporation in January, 1977 and on 4.4.77 respectively. On 22.2.17 the petitioner was declared as Sub-Divisional Officer whereas the respondent Nos. 6 and 7 were so declared on 1.1.78 and in the year 1979 respectively. Respondent No. 1 published a provisional inter-se seniority list of Executive Engineers/ sub-Divisional Officers Assistant Engineers/Junior Engineers, Gr. I/ Gr. II/ Gr. Ill in respect of which, it is alleged, that the petitioner submitted a representation. Again on 8.5.80 respondent No 1 published another provisional seniority list of Sub Divisional Officers (Elect) and Assistant Engineers (Elect) against which also, it is alleged, the petitioner submitted a representation. On 4.8.80, the petitioner was appointed as Executive Engineer (Elect) on ad-hoc basis along with respondent Nos. 4, 6 and 7 and the petitioner joined his duties in the above capacity on 7.8.80. Thereafter by the order dated 20.5.82 (Annexure 'C' to the petition ) the petitioner was reverted back to his original post of Sub-Divisional Officer on the ground that his adhoc appointment could not be allowed to be continued after "regular appointment/promotion has already been finalised" in the capacity of Executive Engineer (Elect). Being aggrieved, the petitioner has approached this Court for appropriate Writ for quashing the above order dated 20.5.82, Annexure-'C' and also office order dated 26.4.82, Annexure-'M', by which respondent Nos. 4, 5, 6 and 7 were promoted to the post of Executive Engineer of the Corporation. The petitioner has also challenged the advertisement dated 18.6,81 Annexure-'J* to the petition, by which the Corporation invited applica­tions for the posts of Executive Engineer.

2. According to the Corporation, which is a Government of India Undertaking, the petitioner and respondent Nos. 5, 6 and 7 were selected by a Selection Committee and the said Committee fixed the seniority in order of merit and respondent No. 4 was also selected by such Committee on 15.7.76, and as such, he was No. 1 Assistant Engineer in the Corporation. It has further been alleged that the fact that respondent Nos. 4, 5, 6 and 7 are senior to the present petitioner was all along notified in the provisional seniority list and hence he is estopped from challenging the said seniority list. The petitioner was duly informed about the advertisement for the posts of Executive Engineer but he failed to appear before the Selection Committee, and as such, he cannot claim any seniority over the officers who were selected by direct recruitment in pursuance to the said advertisement. It is admitted by the Corporation that no service rules have been framed, and the draft service rules have been sent to the Buraeu of Public Enterprise, Government of India at New Delhi for approval. It was, however, decided by the Corporation that during the interim period the draft service rules shall be taken as a guide line. According to Corporation, though the petitioner was allowed to hold the post of Sub-Divisional Officer before other respondents, the posts of Assistant Engineer and Sub-Divisional Officer being in the game cadre the petitioner cannot claim any benefit aid only on 1.7.78 a separate pay-scale was provided for the post of Sub-Divisional Officer. It has also been alleged that the impugned reversion order, Annexure 'O' to the petition was legally and validly mad; as considering his seniority the Departmental Promotion Committee did not promote him to the post of Executive Engineer.

3. Before we take up the submissions made on behalf of the petitioner we would dispose of the preliminary points raised by Mr. Lahiri, learned counsel for the Corporation.

4. At the time of hearing, Mr. Lahiri placed before us a letter dated 22. 1.87 iss