Jiya Lal Bhardwaj, Judge (Oral)

The petitioner, by way of present petition, has laid challenge to the final combined seniority list of Junior Engineers (Civil) dated 09.12.2015 (Annexure A-12) wherein the petitioner has been shown at Seniority No. 327 instead of 326 and respondent No.3 has been shown at Seniority No.326 instead of Seniority No.327 and in the final seniority list of Junior Engineer (Civil) dated 09.12.2015 (Annexure A-13), possessing Diploma/ITI certificate/AMIE/B.E./B.Tech./ appointment in service/ joining service at seniority No.118 instead of 117 and respondent No.3 at Seniority No.117 instead of 118 and thereafter Notification has been issued on 08.10.2016 (Annexure A-14), wherein the petitioner has been shown to be promoted to the post of Assistant Engineer (Civil) Class-I (Gazetted) in the pay scale/pay band of Rs.15600-39100 plus Grade Pay of Rs.5400/- on regular basis w.e.f. 31.12.2011 who was promoted on 31.12.2008 and respondent No.3 has been shown to be promoted on 31.12.2008.

2. The undisputed facts, which emerge from the pleadings, are that petitioner and respondent No.3 being qualified to hold the post of Junior Engineer (Civil) were appointed on 27.10