Hon’ble S.U. Khan, J.—This writ petition was initially allowed by me on 4.12.2008 without hearing any one on behalf of respondent No. 3, the contesting respondent as no one had appeared on his behalf. Thereafter, rehearing application was filed which was allowed on 14.9.2009 and on the same date arguments of learned counsel for both the parties on the merit of the writ petition were also heard and judgment was reserved.

2.Certain paras of my judgment dated 4.12.2008 which deal with the facts of the case and the point involved are quoted below :

“The dispute in the instant writ petition relates to comparative seniority of petitioner and respondent No. 3. Both of them were Senior Auditors in Local Fund Audit Department, U.P., Allahabad. Both of them were promoted from the Feeder Cadre of Auditor. Admittedly, respondent No. 3 was promoted as senior auditor earlier. However, in the feeder cadre i.e. auditor, respondent No. 3 was junior to the petitioner. The reason of prior promotion of respondent No. 3 is that a particular test was required to be passed for promotion which respondent No. 3 passed earlier. Petitioner was appointed as auditor on ad hoc basis through letter dated