Point of Law: Seniority of a person who is appointed to a post in accordance with Rules by enjoying all the benefits of regular service are entitled to seniority from the date of appointment.

JUDGMENT :

This writ petition has been filed by the petitioner seeking to quash the impugned seniority list dated 18.9.2019 in respect of the petitioner and the third respondent and to direct the respondents 1 and 2 to count the seniority of the petitioner with effect from 18.1.2014 for the post of Principal, DIET, SCERT, Manipur i.e. the day of his promotion to the post of Principal, DIET, SCERT, Manipur.

2. The case of the petitioner is that earlier he was serving as Lecturer, District Institute of Education Training (DIET) and on the recommendation of the Departmental Promotion Committee, he was promoted to the post of Principal, DIET on 18.1.2014, whereas the third respondent was promoted to the post of Joint Director, State Council of Educational Research and Training (SCERT) on 28.3.2014. Further case of the petitioner is that new Recruitment Rules for the post of Director, SCERT was notified in the official Gazette on 9.11.2016, wherein the post of Principal, DIET, Joint Director (NFE), Joint Director (SCERT) with at least 6 years of regular service in the grade with the qualification of second class Master Degree in any subject of any recognized University are eligible for promotion to the said post of Director, SCERT.

3. According to the petitioner, earlier the scale of pay for the post of Principal, DIET was not identical with the scale of pay for the post of Joint Director and the scale of pay for the post of Principal, DIET became identical with the scale of pay for the post of Joint Director with effect from 23.1.2016. After the publication of new Recruitment Rules for the post of Director, SCERT, a tentative seniority list of Principals, DIET, Joint Director (NFE) and Joint Director, (SCERT) was notified on 14.8.2019 and objections were called for from the concerned persons. In the said tentative list, the name of the petitioner appeared at Serial No.2, whereas the name of the third respondent appeared at Serial No.1. The petitioner submitted an objection to the said tentative seniority list with reasons and requested the authority concerned to place his name at Serial No.1 as he was appointed to the post of Principal, DIET on regular basis on 18.1.2014 in comparing the third respondent as he was appointed to the post of Joint Director, SCERT on 28.3.2014. However, without properly considering the objection of the petitioner, the impugned final seniority list of the aforesaid three posts was notified on 18.9.2019 without any changes. Challenging the same, the petitioner has filed the present writ petition.

4. The official respondents 1 and 2 filed affidavit-in-opposition stating that the Recruitment Rules for the post of Director (SCERT), Manipur was published on 7.11.2016 and notified in the Gazette on 9.11.2016 making the posts of Principal, DIET/Joint Director (NFE)/Joint Director (SCERT) having at least 6 years regular service in the Grade with 2nd Class Master’s Degree and B.Ed/PG Diploma in Teaching of any recognized University as feeder posts for promotion to the post of Director (SCERT), Manipur. It is stated that pursuant to the order dated 22.1.2019 passed in W.P.(C) No.936 of 2016 which was filed by the third respondent for amendment of the Recruitment Rules for the post of Director (SCERT), the matter was referred to the Department of Personnel for their clarification and concurrence. The Department of Personnel has informed the Administrative Department of SCERT that no clarification is required as there was no flaw in the existing Recruitment Rules.

5. It is stated that on 14.8.2019, a tentative seniority list of posts feeder to the post of Director, SCERT was notified inviting objections, so that any issue relating to inter-se seniority is settled before the post of Director, SCERT falls vacant. In the tentative seniority list, the third respondent was placed above the petitioner based on the condit