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Judgment
The petitioner has preferred this writ petition seeking
following reliefs:
"(a) by an appropriate writ, order or direction, this writ petition may kindly be allowed and the respondents may kindly be directed to assign the proper and correct seniority to the petitioner by treating his date of initial appointment as 20.4.89 and/or the date of his confirmation from 20.4.91 and thereafter grant promotion to the petitioner to the post of Teacher Grade-II from the date, the teachers appointed
after the appointment of the petitioner were promoted with all consequential benefits
(b) the respondents may be directed to grant all consequential benefits to the petitioner after considering his aforesaid due seniority from 20.04.89
(c) any other appropriate order or direction, which this Hon''ble Court deem just and proper be passed in favour of the petitioner.
(d) Costs of this writ petition may kindly be allowed to the petitioner."
The facts as noticed by this Court are that the petitioner was
appointed on 20.04.1989. The services of the petitioner were
confirmed with effect from 20.04.1991 vide order dated
28.10.1996. The petitioner was not given seniority as it was
pointed out that there were certain documents, which were
required to be completed by the petitioner vide order dated
06.10.1998. The petitioner thereafter made number of
representations seeking seniority appropriately. In spite of
repeatedly taking up the case appropriate seniority was not given
to the petitioner. Therefore, he has approached this Court seeking
seniority from 20.04.1989/20.04.1991.
The respondents have filed a reply and have stated that
though the petitioner had joined his duties on 20.04.1989 but his
services were confirmed only on 20.04.1991. The reply also
contains the fact that after confirmation the petitioner was given
regular annual grade increments and other benefits including
selection scale.
Since it is not in dispute that the petitioner is holding
confirmed post with effect from 20.04.1991, therefore, it would be
appropriate to direct the respondents to compute seniority of the
petitioner with effect from 20.04.1991 and consider him for all
other consequential benefits accordingly.
The writ petition is therefore allowed and the respondents
are directed to give seniority to the petitioner with effect from
confirmation of his appointment on 20.04.1991 and all other
consequential benefits.
The order may be implemented within period of 04 months
from furnishing of a certified copy of this order by petitioner
before the concerned respondent authority.