The main legal point established is the need for a consistent interpretation of the relevance of higher pay scale in determining seniority among class IV employees for promotion.

( 1 ) THE petitioner No. 1, Jawahar Lal was appointed as a class IV employee on 10. 1. 1973. The petitioner No. 2, Udai Narain Singh was appointed as a class IV employee on 24. 4. 1974. Tara singh, respondent No. 5 was appointed as a Daftari by an order dated 5. 4. 1977. At the time of the appointment of respondent No. 5, the pay scale of respondent No. 5 was the same as that of the petitioner Nos. 1 and 2. It transpires that on the basis of a Government Order dated 10. 8. 1978, the pay scale of a Daftari was increased w. e. f 1. 3. 1978. On 31. 7. 2002, the post of an assistant Clerk fell vacant which was required to be filled up by way of promotion from a class iv employee.

( 2 ) UNDER Chapter III Regulation II of the Regulations framed under the Intermediate Education act, the criterion for a promotion is seniority subject to the rejection of the unfit. It transpires that the respondent No. 5, Tara Singh made a representation to the District Inspector of Schools, who passed an order dated 15. 10. 2001 holding that Tara Singh was the senior most class IV employee inasmuch as, he was receiving a higher pay scale and was working on the post of a daftari. On the basis of the order of the District Inspector of Schools, the Committee of management by a resolution dated 3. 1. 2002 resolved to promote Tara Singh as an Assistant clerk. The petitioner filed an appeal before the Deputy Director of Education who in turn directed the District Inspector of Schools to decide the matter again and further directed that the order dated 15. 10. 2001 passed by the District Inspector of Schools Would remain in abeyance till the disposal of the matter. The District Inspector of Schools passed an order dated 27. 2. 2002 holding that the respondent No. 5 was senior to the petitioners. The petitioners preferred an appeal which was rejected on the ground that the respondent No. 5 was senior as he was getting a higher pay scale. Consequently, the present writ petition has been filed by the petitioners for the quashing of the order dated 2. 11. 2002 passed by the Deputy Director of Education as well as the order dated 27. 2. 2002 passed by the District Inspector of Schools and further prayed for a writ of mandamus commanding the respondents to promote the petitioner on the post of an assistant Clerk.

( 3 ) IN the connected writ petition, Babu Ram, the petitioner contended that he was appointed on 1. 12. 1989 and that the respondent No. 5, Vijay Pratap Singh was appointed on 1. 12. 1995 under the provisions relating to Dying in Harness on a supernumerary post as a Class IV employee and as per the seniority list of 2002-03, the petitioner was found at serial No. 7, whereas the respondent No. 5 was placed at serial No. 9. It transpires that a vacancy arose on the post of a daftari, in which respondent No. 5 was adjusted and appointed as a Daftari on 28. 2. 1998. It further transpires that on 20. 3. 2002, the post of an Assistant Clerk become vacant which was required to be filled up by way of promotion. The respondent No. 2, namely, the District inspector of Schools by an order dated 11. 6. 2003 held that the respondent No. 5 was entitled to be promoted as an Assistant Clerk, in view of the fact that he was receiving a higher grade and, therefore, was senior to the petitioner. Consequently, the writ petition was tiled by Babu Ram praying for the quashing of the order of the District Inspector of Schools dated 11. 6. 2003 and further praying for a writ of mandamus commanding the respondents to promote the petitioner on the post of an Assistant Clerk.

( 4 ) SINCE the issue raised in both the writ petitions is common, the same is being decided together.

( 5 ) THE admitted position in both the writ petition is, that the petitioners and the respondent No. 5 are class IV employees and that the respondent No. 5 is working as a Daftari, who enjoys a higher pay scale. The post of a Daftari has a higher grade than the post of a peon. However, the