N.K. Mody, J.

Petitioner by Shri Atul Shridharan, Adocate.

Respondents Nos. 1 to 4 by H.Y. Mehta, Panel Lawyer.

Heard finally.

1. The facts of the case are that the petitioner and respondent No. 5 were appointed as Accountant on 1-9-1996 i.e. gradation list Annexure-P/1 in which the petitioner's name was shown at serial No. 6 and the name of the respondent No. 5 was shown at serial No. 7. Vide order dated 19-5-2004 Annexure-P/8 the respondent No. 5 has been promoted. Aggrieved by this, petitioner has filed the present petition wherein it is alleged that the respondent No. 5 was junior to -the petitioner and petitioner's case has not been considered though petitioner is eligible for promotion.

2. Respondents No. 1 to 4 submitted the reply as per rules 'seniority is subject to fitness' for the post of Class-Ill and Class-IV employees. Further contention of the respondents No. 1 to 4 is that the petitioner was working as Accountant with effect from 30-1-1986 and respondent No. 5 was working as Accountant since 3-3-1986 but according to rules only seniority was not criteria for promotion, but the same is seniority subject to fitness. It was further alleged that after the promotion orde