Short Note : 1. Facts material for the purpose of this petition are that the petitioner was appointed as an Upper Division Clerk in a non-Government Higher Secondary School, Sabalgarh on 22-9-1954. The petitioner was promoted in the same Institution as a Head Clerk. The non-Government Higher Secondary School, Sabalgarh was taken over by the Government with effect from 17-3-1960. The services of the petitioner, who was, at that time working as the Head Clerk, were taken over in the Government on the post of Upper Division Clerk against the post of Head Clerk. His case was forwarded to the Head of the Department by the then Deputy Director of Education for absorption as a Head Clerk. The petitioner continued to work as Upper Division Clerk since the date of taking over of the non-Government Institution by the Government. Eventually, the Government, by their Memorandum No. 9558/3637/XX-l/67, dated 21-12-1957 (Annexure-P), communicated that the seniority of the petitioner would be determined from the date of actual officiation in the cadre. By now, many promotions had been made. The petitioner remained an Upper Division Clerk. though he was considered for the, purposes of that post to have maintained the seniority with effect from 22-9-1954, the date of joining the services in the non-Government Institutor. The petitioner was also confirmed as an Upper Division Clerk with effect from 17-3-1960, i.e., the date of taking over by the Government of the non-Government Institution. The petitioner was eventually promoted to the post of Accountant in the Office of the District Education officer, Morena vide order dated 8-9-1973. The grievance of the petitioner that he must be promoted is, therefore, over. Held: The only question that requires consideration is whether he should be made senior to respondents 2 to 6 who were promoted to the higher posts as Head Clerk and Accountant much earlier to the petitioner The Government of Madhya Pradesh, Education Department under Memorandum No. 9558/3637/XX-l/67, date 21-12-1967 (Annexure R-I) laid down the criteria for absorption of the staff of non-Government and local body schools taken over under the Government control. For fixing seniority it was indicated that the seniority of an absorbed employee in the post-cadre of absorption shall be determined from the date he held the post cadre or on the date on which he was qualified for the post, whichever was latter.
For fixing seniority it was indicated that the seniority of an absorbed employee in the post-cadre of absorption shall be determined from the date he held the post cadre or on the date on which he was qualified for the post, whichever was latter. His seniority will take place in the combined gradation list below the Government servants appointed promoted to the corresponding posts under Government in that, year. Now, the position is clear that respondents 2 to 6 were serving under the Government and on the date when the non-Government school was taken over, they were already holding the posts of Upper Division Clerk. Therefore, when the petitioner was absorbed in the Government service, he became junior to the respondents 2 to 6. Respondents 2 to 6 where therefore. considered for promotion earlier than the petitioner. This is how he has become junior to respondents 2 to 6, though, if his officiation in the non-Government Institution was taken into account, he would become senior to all the respondents. We need not decide anything in this case whether or not it was proper to place the absorbed employees below the incumbents in the Government service as the grievance of the petitioner that he must be promoted has already been redressed on his being promoted. Now since respondents 2 to 6 have already been officiating in a higher post, the petitioner cannot be made senior to them without actually having officiated on the promoted post. This prayer of the petitioner cannot be granted. We cannot. by fiction, indicate. that the petitioner, though he had not served On the promoted post. had officiated in a manner that he became senior to respondents 2 to 6. Petition dismissed.