Seniority for promotion should be determined based on the merit obtained in the selection process and not on the date of joining, in accordance with established legal principles and judgments.

JUDGMENT :

Mansoor Ahmad Mir, J.

Similar questions of facts and law are involved in both these writ petitions thus; we deem it proper to determine both these writ petitions by this common judgment.

2. It is apt to reproduce reliefs as sought for in both the writ petitions, as under:-

CWP No.9266/2014.

“(i) Quashing annexure P-5 (colly) dated 21.10.2014 to the extent it promotes respondents No. 3-5, who are juniors to the petitioners as JBT teachers to the post of Trained Graduate Teachers (TGT) without promoting the petitioners as TGTs.

(ii) For directing the respondents to promote the petitioners as Trained Graduate Teachers (TGTs) w.e.f. 21.10.2014 i.e., the date their juniors (respondents 3-5) were promoted as TGTs alongwith all consequential benefits of seniority and financial benefits.

(iii) For directing the respondents not to treat the date of joining of the JBT teachers as the basis for consideration for making their promotion to TGT amongst petitioners and private respondents (i.e. those appointed vide same appointment order) in the facts and circumstances of the case and in view of submissions made in the writ petition. Respondents may kindly be directed to treat the order of merit, in which the candidates are placed in the appointment order at annexure P1, as the basis of seniority for making promotions to the post of TGT.”

CWP No.8368/2014.

“(i) Quashing annexure P-3 (colly) dated 21.10.2014 to the extent it promotes respondents No. 3-12, who are juniors to the petitioners as JBT teachers to the post of Trained Graduate Teachers (TGT) without promoting the petitioners as TGTs.

(ii) For directing the respondents to promote the petitioners as Trained Graduate Teachers (TGTs) w.e.f. 21.10.2014 i.e., the date their juniors (respondents 3-12) were promoted as TGTs along with all consequential benefits of seniority and financial benefits.

(iii) For directing the respondents not to treat the date of joining of the JBT teachers as the basis for consideration for making their promotion to TGT amongst petitioners and private respondents (i.e. those appointed vide same appointment order) in the facts and circumstances of the case and in view of submissions made in the writ petition. Respondents may kindly be directed to treat the order of merit, in which the candidates are placed in the appointment order at annexure P1, as the basis of seniority for making promotions to the post of TGT.”

3. In both the writ petitions, petitioners have called in question the action drawn by the respondents, whereby seniority came to be fixed on the basis of the date of joining and not as per the merit obtained in the selection process and prayed that the Tentative Seniority list issued by the Department vide office order No. EDN-SLN-Elem.(E-III) Sty—1/2014-15925-32 and office order No.EDN-H (2) 7/2014-Pro-JBT-NM dated 21.10.2014, so far it promoted the private respondents, be quashed and respondents be directed to issue fresh seniority list, strictly in terms of the merits obtained by the candidates in the selection process and thereafter promotions be made to the next cadre, as per the Rules, occupying the field.

4. Replies have not been filed in both the writ petitions.

5. The learned counsel for the private respondents stated at the Bar that they have no objections in case prayer in both the writ petitions is granted with the command to the respondents-State to frame seniority list, as per the merit list obtained in the selection process and entire exercise for grant of promotion, be made, in terms of merit list read with the Rules, occupying the field, within a time frame. Their statements are taken on record.

6. The learned Advocate General has vehemently argued that so many persons will be affected by this judgment and order, who are not before this Court and prayed that the seniority list qua those persons, who are ranking below in the merit list be quashed.

7. It is beaten law of the land that the seniority list is to be drawn as per the merit obtaine