JUDGMENT :

L. Rath, J. - The petitioner an U. D. Clerk under the Orissa State Electricity Board has come before this Court seeking the reliefs of maintaing his senbrity in acordance with his date of appointment as. L. D Clerk on 3-7 1971 and quashing of the promotion of opp. party 4 alleged to have been made on the basis of wrong determination of seniority. The facts in brief are that the petitioner was appointed on 3-3-1971 as L.D. Clerk in the office of the Superintending, Engineer, Berhampur, but wss transferred to the Cuttack Electrical Circle on 29-12-1973. A gradition list was published in 1978 (Annoxure-3) wherein the petitioner was shown at Serial 67 with his date of appointment as 3-7-1971 and also showing the very same date from which his seniority was counted. Subsequently, though the O. P. 4 was junior to him having been appointed on 23-10-1971 yet he was promoted on 16-3-1982 as U D. Clerk superseding him. Being aggrieved by such supersession the petitioner filed the present petition. During pendency of the petition in this Court, the seniority list was modified on 30th October, 1985 in Annexure-12 showing the petitioner's seniority in the cadre as having been computed