JUDGMENT :

SANJAY DHAR, J. 

01. The petitioner has challenged the final seniority list of the Secretaries issued by respondent No. 2 to the extent of placement of respondents No. 3 to 5 with a prayer for re-fixing of seniority. Challenge has also been thrown to promotion/confirmation of respondents No. 3 to 5 as Executive Officers; with a further direction to the official respondents to consider the petitioner for promotion/confirmation to the post of Executive Officer with effect from the date respondents No. 3 to 5 were accorded promotion in terms of Government Order No. 21-HUD of 2015 dated 23.01.2015 and to grant grade attached to the post of Executive Officer to the petitioner w.e.f., 14.01.2010.

02. According to the petitioner, he came to be appointed as an Electrician in Municipal Council, Rajouri on 21.11.1979 and he was promoted to the post of Store Keeper on 25.03.1986. Thereafter, the petitioner was promoted to the post of Senior Assistant on 15.01.1987 and to the post of Secretary/Head Assistant on 15.01.1997. It is being claimed that the petitioner was given the charge of Executive Officer w.e.f., 14.01.2010. It has been further stated that vide Government Order No. 215-HUD of 2003 dated 28.08.2003, pay scale of Rs. 6500-10500 was accorded to all the Secretaries working in Local Bodies w.e.f., 28.08.2003 and the petitioner was also granted the said benefit.

03. According to the petitioner, a tentative seniority list dated 09.12.2013 of the Secretaries was issued to which the petitioner filed his objections but without considering his objections, final impugned seniority list came to be issued wherein the petitioner was placed at serial No. 6 but the respondents No. 3 and 4, who rank junior to him, were placed above him. It has been also submitted that vide Government Order No. 21-HUD of 2015 dated 23.01.2015, respondents No. 3 to 5 have been granted promotion to the post of Executive Officers but the claim of the petitioner has not been considered.

04. The petitioner has challenged the impugned action of the respondents primarily on the ground that he ranks senior to respondents No. 3 to 5, as such, he is entitled to be promoted as Executive Officer with effect from the date respondents No. 3 to 5 were accorded promotion to the said post. It has been contended that impugned final seniority list issued by respondent No. 2 wherein the petitioner has been shown at serial No. 6, below respondents No. 3 and 4, is liable to be quashed because the petitioner was appointed prior in point of time to the aforesaid two respondents.

05. Official respondents as well as the private respondent Nos. 3 and 4 have contested the writ petition by filing their separate replies.

06. In their reply, official respondents have contended that the petitioner was promoted as Head Assistant/Secretary along with others by the DPC in the pay scale of Rs. 5000- 8000 in terms of Order No. 352-DULBJ of 2004 dated 22.11.2004. It has been submitted that vide Government Order No. 215-HUD of 2003 dated 28.08.2003, the pay anomaly of the Secretaries was removed and they were placed in the pay scale of Rs. 6500-10500 and the said scale was made applicable to all full-fledged Secretaries. However, President of Municipal Committee, Sunderbani placed the petitioner in the grade of Rs. 6500-10500 retrospectively in terms of his order dated 18.04.2006. The said order came to be rescinded by respondent No. 2 by virtue of order No. 05 dated 10.01.2008 as the President, Municipal Committee, Sunderbani was not vested with administrative power to place the petitioner in higher pay scale. It has been submitted that aforesaid order was challenged by the petitioner by filing writ petition-SWP No. 226 of 2008 and the order was stayed by this Court in terms of order dated 29.02.2008. It has been further submitted that vide order dated 06.01.2012, the petitioner along with others was designated as the Secretary notionally w.e.f., 22.11.2004.

07. Regarding respondent No. 3, it