IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ASHISH SHROTI st ON THE 21 OF JANUARY, 2026 WRIT PETITION No. 27092 of 2023 MAHENDRA SINGH RAGHUWANSHI Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Shivendra Singh Raghuvanshi - Advocate for the petitioner.

Shri Dilip Awasthi -Govt. Advocate for the respondents/State.

ORDER The petitioner has filed this writ petition praying for following reliefs;

"(I) That, respondent no.2 may kindly be directed to grant the seniority to the petitioner on the post of uchcha madhyamik shikshak from the date of initially appointment that is 1998 and other consequential benefits like promotion etc.

(II) That, other relief doing justice including cost be ordered."

2. In substance, grievance of the petitioner is that in the gradation list published by the respondents vide memo dated 02.05.2023 as on the position of 01.04.2022, his initial date of appointment is shown as 07.01.2004 in stead of 17.06.1998.

3. The facts necessary for decision this case are that the petitioner was initially appointed as Shiksha Karmi Grade-I vide order dated 17.06.1998 (Annexure P/2). He was posted in Government Higher Secondary School Nai Sarai, District Guna. Subsequently, vide order dated 07.01.2004, passed by Collector, Ashoknagar, the petitioner was transferred on administrative grounds in the same capacity to Government Boys Higher Secondary School, Ashoknagar against the vacant post of Lecturer. Subsequently, on coming into force of Rules of 2008, the petitioner was absorbed in Adhyapak Cadre vide order dated 08.11.2007 (Annexure P/4).

4. Later on, when M.P. Education Service (Teaching Cadre) Service Conditions and Recruitment Rules, 2018 were enforced, a fresh gradation list of Uchcha Madhyamik Shikshak was issued wherein the petitioner's name finds place at serial no.2178 wherein his date of first appointment is shown as 07.01.2004 in stead of 17.06.1998. Aggrieved by this, the petitioner has filed this writ petition.

5. Learned counsel for the petitioner submitted that the petitioner's first date of appointment is 17.06.1998 as is evident from order dated 17.06.1998 (Annexure P/2). He submitted that the Government published provisional gradation-list of Uchcha Madhyamik Shikshak Cadre vide memo dated 13.04.2023 wherein his date of first appointment is shown as 17.06.1998. However, at the time of finalization of gradation-list, this date is changed from 17.06.1998 to 07.01.2004. It is his submission that the because of this change of initial date of appointment, the petitioner has been brought down from serial no.12 to serial no.2178. He thus prayed for direction to the respondents to correct the date of first appointment of the petitioner in the gradation-list published vide memo dated 02.05.2023 and consequently, place the petitioner at the appropriate place in the gradation-list.

6. On the other hand, learned Govt. Advocate supported the impugned action of the respondents. As per his submission, the position of petitioner in the seniority list has been fixed as per the provisions of Rules of 2018. He referred to Rule 17(3) of the Rules of 2018 and submitted that once the petitioner was transferred and posted in a different local body, his date of appointment would be the date of joining in the transferred local body. Referring to the order dated 07.01.2004, he submitted that since the petitioner was transferred from Government Madhav Higher Secondary School, Nai Sarai to Government Boys Higher Secondary Ashoknagar, his date of first appointment is shown on 07.01.2004. He, therefore, submitted that since the seniority of the petitioner has been fixed as per the Rule of

17(3) of Rules of 2018, the same does not warrant any interference.

7. Considered the arguments and perused the record.

8. It is not in dispute that the petitioner was initially appointed as Shiksha Karmi Grade-I vide order dated 17.06.1998. Further, if the petitioner was not transferred from Government Madhav Hi