JUDGMENT

M.s. Ramachandra Rao, J. (Oral)

Mr. Vivek Singla, Advocate has filed his power of attorney on behalf of respondent No.1 today in the Court which is taken on record.

2. This Letter Patent Appeal is preferred against the judgment dt. 16.12.2016 in CWP-8809-2012 passed by the learned Single Judge of this Court.

3. In the said Writ petition, respondent No.1 had questioned the validity of a seniority list of Junior Engineer (Electrical) and also sought for quashing an order dated 17.02.2012 by which his representation had been rejected by the appellants.

4. Respondent No.1 and other private respondents were candidates for recruitment to the post of Junior Engineer (Electrical) pursuant to an advertisement issued by the appellants in 2001-2002.

5. The appellants have classified the vacancies as 9 posts for General Merit, 2 posts for Scheduled Castes, 1 post for Scheduled Tribe and 04 posts for OBC and notified the select list accordingly.

6. Respondent No.1 was one of the selected candidates under the OBC Category and was appointed on 05.06.2002 and reported on 01.07.2002.

7. The other private respondents were placed in the reserved panel list having regard to the merit in the General Merit Category.

8. Some of the persons who were selected against the General Merit Category were declared medically unfit and others did not join leaving 6 vacancies in the General Merit Category.

9. Therefore, the reserve panel list of wait listed candidates were utilized to fill up those 6 vacancies under the General Merit Category and six such persons from the reserve panel list joined service on 16.10.2002 after respondent No.1. Respondent Nos.2-6 in the LPA are such persons.

10. It is not in dispute that for the first time a final seniority list of persons, who were working as Junior Engineer (Electrical), was notified on 25.01.2006; and in that seniority list, as on 01.01.2006, respondent No.1 was shown as senior to the respondent Nos.2-6.

11. The respondent Nos.2-6 acquiesced in the same and never complained against the said final seniority list.

12. Subsequently 5 years 10 months later, on 24.10.2011, another final seniority list of Junior Engineer (Electrical) was published by the appellants in which respondent No.1 was shown as junior to the respondent Nos.2-6 .

13. Respondent No.1 then gave a representation against the same contending that his seniority was erroneously fixed, which as rejected on by order dt.17.02.2012. In the said order, reference is made by the appellants to certain instructions issued by DoP&T under head 'Seniority of Direct Recruits and Promotees" at Para 2.1.1 which stated that interse seniority of candidates nominated from the reserve panel will be fixed as per consolidated merit given by the UPSC/SCC/Recruiting Agency.

14. Assailing the same, respondent No.1 had filed CWP-8809-2012.

15. The said Writ Petition was allowed by a learned Single Judge of this Court holding that since the contesting respondents entered the cadre of Junior Engineer (Electrical) on 16.10.2002 while the date of entry of respondent No.1 was 05.06.2002, only the date of entry into service is required to be taken into consideration for the purpose of fixing ranking in the seniority list of the Junior Engineer. He therefore, held that the respondent No.2-6 cannot be placed over respondent No.1. He also held that merely adjusting the respondent No.s 2 to 6 against the General Merit Category would not create a right to the said respondents to seek seniority over and above respondent No.1 as he was appointed earlier to the said respondents. He