Rajendra Menon, J.

1. Petitioner, who at the relevant time in the year 1998 when this petition was filed was the Mandi Secretary-Grade IV and was posted in Krishi Upaj Mandi Samiti, Sihora, Jabalpur has filed this writ petition challenging the seniority list published from time to time, granting seniority to Respondents 3 to 5, over and above the Petitioner. Further challenge is also made to an order-dated 17.7.98, by which the representation of the Petitioner for correction of the Seniority List is rejected and orders-dated 19.11.1984, 14.11.1984 and 15.11.1984 - Annexures B, C and D, by which Respondents 3 to 5 are appointed as Mandi Secretary Grade IV retrospectively with effect from 10.10.1980, adversely affecting the seniority of the Petitioner.

2. Facts in brief, necessary for disposal of this writ petition, are that Petitioner was appointed as a Mandi Secretary Grade IV, vide order-dated 7.1.1982. Since then till filing of the writ petition, he was holding the said post. In the Gradation List, that was issued by Respondent No. 2, showing the position of Mandi Secretaries as on 1.10.86, when Respondents 3 to 5 were shown senior to the Petitioner and it was indicated that they were having seniority with effect from 10.10.1980, in the cadre of Mandi Secretary. Petitioner made enquiries and it was revealed that Petitioner is senior to the said Respondents and, therefore, the Seniority List was incorrectly prepared. Petitioner, therefore, submitted representations and when nothing was done and the Seniority List was not corrected, records indicate that writ petitions were filed before this Court, being W.P. Nos. 1405/95 and 3010/95. In the said writ petitions directions were issued to Respondent No. 2 to consider the representation of all concerned and decide the same. Accordingly, records indicate that Respondent No. 2 heard all concerned, called for the records and by the impugned action having rejected the representation, Petitioner had filed this writ petition in the year 1998.

3. It is the case of the Petitioner that he was appointed as Mandi Secretary Grade IV with effect from 7.1.1982 and Respondents 3 to 5 were holding the post in the Ministerial Cadre i.e. Accountant/Clerks in various Mandis. It was only in the year 1984 that they were absorbed in the Service of the Mandi as a Secretary. It is stated that vide orders - Annexures B, C and D, Respondents 3 to 5 were absorbed as Mandi Secretaries Grade IV, by the competent authority in accordance to the provisions of Rule 83, of the M.P. Krishi Upaj Mandi (Mandi Nidhi Lekha Tatha Rajya Vipnan Sewa Ka Gathan Ki Riti Tatha Anya Vishay) Niyam, 1980 (hereinafter referred to as 'Rules of 1980'). According to the Petitioner, Respondents 3 to 5 prior to their date of absorption i.e. 19.11.84, 14.11.84 and 15.11.84, were holding the substantive post of Accountant/Clerks, which is in the Ministerial Cadre and is the feeder cadre for promotion to the post of Mandi Secretary, it is stated that under Rule 83, of the Rules of 1980, absorption could only be on an equivalent post, but ignoring the same as Respondents have been absorbed retrospectively in a higher cadre post, contrary to the provisions of Rules of 1980, adversely affecting the right of the Petitioner to the seniority on the post, Petitioner has filed this writ petition. Referring to the certificates - Annexures P/15 and P/16 and the order available on record - Annexure R/4, indicating the post held by Respondents 3 to 4, in the Mandi before their absorption, Shri D.K. Dixit argued that all the three persons were working as Clerk¼fyfidk½/Accountant and they have been absorbed in a higher cadre of Secretary retrospectively, even though in the year 1980 since when they have been granted seniority, they were working in lower cadre as Accountants/Clerks.

4. Interalia contending that Respondents could be absorbed and granted seniority on the post of Mandi Secretary Grade IV only from the date Annexures B, C and D were pass