JUDGMENT - H.W. DHABE, J.:---The main grievance of the petitioner in this writ petition is that she was not given the legitimate promotions to her in her service in the Department of Public Health and Medical Education of the State Government. 2. The facts are that the petitioner who is a Scheduled Caste Candidate passed 3 1/2 year Diploma Course in General Nursing and Midwifery in 1967. She also passed an additional Diploma Course in Auxiliary Nursing and Midwifery in 1960. She was registered with the Nursing Council of the State of Maharashtra, originally under the provisions of the C.P Berar Nurses Registration Act on 5-1-1967, and thereafter under the Maharashtra Nursing Council Act. She was then appointed as a Staff-Nurse in the pay-scale of Rs. 125-5-145 in the District Hospital, Akola, by the order dated 4-3-1967. During her service, she was deputed for B.Sc. (Post-Basic) Degree Course in Nursing on 26-6-1970. She obtained the said degree in 1973. After obtaining the said degree, she was appointed by transfer as Sister-Tutor with effect from 21-11-1973 in the pay-scale of Rs. 250-10-15-370/-. This appointment as Sister-Tutor was in the General Hospital, Amravati. On 15-1-1976 she was appointed in the post of Matron Grade IV (Non Gazetted) in the General Hospital, Osmanabad by transfer from her post of Sister-Tutor in the General Hospital, Amravati. Although the pay scale of Matron Grade IV (Non Gazetted) is not mentioned in the aforesaid order of appointment by transfer dated 15-1-1976, it is not in dispute that the pay scale of the post of Matron Grade IV (Non-Gazetted) and the pay-scale of the post of Sister-Tutor is the same. After this appointment to the post of Matron Grade IV (Non-Gazetted) the petitioner was promoted in the post of Matron Grade III (Gazetted) on 2-9-1982 for which she was selected by M.P.S.C. There is no further promotion given to the petitioner in the post of Matron Grade II (Gazetted) and thereafter in the post of Matron Grade I (Gazetted), which is the grievance made by the petitioner in the instant writ petitioner. 2. At this stage, we may refer to the service history of the respondent No. 3 who is also a Scheduled Caste candidate. The respondent No. 3 passed the B.Sc. Degree Examination on in Nursing in April 1970 and the Degree was conferred upon her on 18-8-1988. 2. At this stage, we may refer to the service history of the respondent No. 3 who is also a Scheduled Caste candidate. The respondent No. 3 passed the B.Sc. Degree Examination on in Nursing in April 1970 and the Degree was conferred upon her on 18-8-1988. According to the respondent No. 3, she had an experience of Staff-Nurse in the private hospital for one year thereafter. She was then appointed as a Sister-Tutor in the District Hospital at Akola on 7-12-1971. On 26-4-1976 she was appointed as Matron Grade IV (Non Gazetted). She was then promoted in the post of Matron Grade III (Non-Gazetted) on 9-3-1979. It is clear that the promotion of the respondent No. 3 in the post of Matron Grade III (Gazetted) is prior to the promotion of the petitioner in the said post. After her promotion to the post of Matron Grade III (Gazetted), the respondent No. 3 was promoted to the post of Matron Grade II (Gazetted) on 13-9-1984. 2-A. It is this promotion of the respondent No. 3 in the post of Matron Grade II (Gazetted) which is challenged by the petitioner in the instant writ petition. The Petitioner has also challenged her promotion in the post of Matron Grade III (Gazetted) in the sense that since the petitioner was senior to her in the post of Matron Grade IV (Non Gazetted). She ought to have been appointed in the said post prior to her. The petitioner has, therefore, claimed a deemed date of promotion over the respondent No. 3 in the post of Matron Grade III (Gazetted). During the tendency of the petition, the respondent No. 3 has been further promoted to the post of Matron Grade I by the order dated 31-1-1986 which order is also impugned by the petitioner by amending her writ petition. According to the petitioner, she made representations to the State Government in this matter but they are without any effect. Hence, she is required to move this Court for necessary relief. 3. The State Government has filed its return as well as the respondent No. 3. According to the petitioner, she made representations to the State Government in this matter but they are without any effect. Hence, she is required to move this Court for necessary relief. 3. The State Government has filed its return as well as the respondent No. 3. The main submission on their behalf in their return is that the post of Sister-Tutor was equivalent to the posts of Matron Grade IV (Non-Gazetted) as both the posts carried the same pay-scale and , therefore, the respondent No. 3 was granted the seniority in her post of Sister-Tutor while considering her claim for promotion in the post of Matron Grade III (Gazetted). It is for this reason, according to the respondent State, that the respondent No. 3 was held as senior to the petitioner although in the post of Matron Grade IV (Non-Gazetted) the petitioner was appointed earlier to the respondent No. 3. The main question, therefore, that falls for consideration in the instant writ petition is whether the post of Sister-Tutor is equivalent to the post of Matron Grade IV (Non-Gazetted). In our view while considering the question of equivalence, mere equivalence in pay is not enough to determine whether both the posts in question are equivalent or not. It is necessary to consider for determining the equivalence of the posts the nature of the posts, their Recruitment Rules, the nature of the duties attached to the posts and all other relevant factors. The Recruitment Rules for the non-gazetted posts of Matron i.e. Matron Grade IV, as well as the Recruitment Rules for the post of Sister-Tutor are placed on record before us. The said Rules are not in dispute. Similarly, the duties of Matron Grade IV (Non-Gazetted), the duties of Sister-Tutor/Master-Tutor and the duties of Staff Nurse are also placed on record. These duties are placed on record. These duties are contained in the official publication of the State Government Hospital Administration Manual, Volume II, vide Appendix 71, page 284-294. 4. Before we consider the actual question of equivalence, we may refer to Nursing Set Up in the Hospitals. On the Hospital Side, it appears that, apart from the trainee nurses there is a Staff Nurse, above whom is the Sister and then Matron Grade IV which is a non-gazetted post. 4. Before we consider the actual question of equivalence, we may refer to Nursing Set Up in the Hospitals. On the Hospital Side, it appears that, apart from the trainee nurses there is a Staff Nurse, above whom is the Sister and then Matron Grade IV which is a non-gazetted post. It may be seen that so far as the gradation of Matrons is concerned it is dependent upon the number of beds. In a hospital to which, there are 200 beds the post of Matron Grade IV (Non-Gazetted) is attached. The posts of Matrons Grade I, Grade II and Grade III are all Gazetted posts and the above gradation also depends upon the number of beds in the Hospital. So far as the post of Sister-Tutor is concerned it is a post on teaching side. As already pointed out, during the relevant time, the pay scale of the post of Sister-Tutor was the same as the pay scale of Matron Grade IV (Non Gazetted) on the Hospital side. This is clear from Appendix 79 of the Maharashtra Civil Medical Code, Part II. The said Appendix 79 also shows the gradation of Matrons referred to above. The important material which, however, needs to be taken into consideration for determining the equivalence are the Recruitment Rules for the post of Matron Grade IV (Non-Gazetted) and the Recruitment Rules for the post of Sister-Tutor. 5. The Recruitment Rules for the post of Sister-Tutor show that the appointment to the said post is by nomination from amongst the candidates who fulfil the requisite qualifications laid down thereunder. The said qualifications are as follows :- (i) unless already in the service of the Government of Maharashtra, are not more than 40 years of age; (ii) are qualified nurse-midwives or qualified nurses who are registered with the Maharashtra Nursing Council or are eligible for such registration; and (iii) hold the Tutor's Certificate; (iv) have adequate knowledge of English; Provided the candidates possessing B.Sc degree in Nursing recognised by Indian Nursing Council shall be eligible if they possess experience for not less than one year after graduation and are registered by the Maharashtra Nursing Council or are eligible for such registration. 2. The selected candidates shall be on probation for one year and shall have to pass languages examinations according to the prescribed rules. 2. The selected candidates shall be on probation for one year and shall have to pass languages examinations according to the prescribed rules. 5-A. It is clear from the above qualifications that an in-service candidate can also be considered for nomination. Normally the candidate must have a Tutor's certificate for being considered for being appointed to the post of Sister-Tutor. However, in case of candidate who possess B.Sc degree in Nursing they are eligible for being appointed in the posts of Sister-Tutor if they possess experience of not less than one year after graduation and are registered by the Maharashtra Nursing Council or are eligible for registration by the Maharashtra Nursing Council. What is necessary to be seen is that for a candidate possessing B.Sc degree in Nursing experience of one year after graduation is necessary for appointment in the post of Sister-Tutor. 6. Turning now to the Recruitment Rules for appointment in the post of Matron (Non-Gazetted), it appears from the said Rules that the appointment in the post of Matron (Non-Gazetted) can be made, either - (A) by promotion from among the non gazetted Assistant Matrons and/or transfer of Sister-Tutors possessing the qualifications prescribed for appointment by nomination' or (B) by nomination from amongst candidates who- (a) unless already in service of the Government of Maharashtra, are not more than 45 years of age; (b) have adequate knowledge of English; (c) are qualified nurses and midwives who are registered with the Maharashtra Nursing Council or are eligible for such registration; (d) possess experience in nursing administration or teaching for not less than 8 years after qualifying; Provided that candidates possessing B.Sc Degree in nursing or any other equivalent degree recognised by the Indian Nursing Council shall be eligible if they posses experience in administration or teaching for not less than 5 years after graduation; Provided further that preference will be given to candidates possessing post certificate qualification in nursing administration or teaching; Provided also that the age limit may be relaxed in favour of candidates with good qualification and/or experience. 7. It is clear from the qualifications prescribed for appointment by nomination that for qualified nurses and midwives the experience necessary in nursing administration or teaching is not less than 8 years. However, the proviso to the said Rules makes an exception in the case of the candidates possessing B.Sc degree in nursing. 7. It is clear from the qualifications prescribed for appointment by nomination that for qualified nurses and midwives the experience necessary in nursing administration or teaching is not less than 8 years. However, the proviso to the said Rules makes an exception in the case of the candidates possessing B.Sc degree in nursing. In her case the experience necessary in administration or teaching is not less than 5 years after graduation. It would appear from the aforesaid Recruitment Rules for the post of Matron Grade IV (Non Gazetted) that the candidates from the hospital side. i.e. those who have experience in administration as well as the candidates on teaching side can be appointed in the said post provided they possess the requisite qualifications and experience. It is further clear from the said recruitment that next below that post in the line of promotion to the post of Matron (Non Gazetted) of Assistant Matron from which post the departmental promotion is contemplated. It also appears that the post of Sister-Tutor being on teaching side is not in the direct line or in the channel of promotion to the post of Matron (Non-Gazetted) and, therefore, what is provided for about appointment from such a post is a transfer from the said post of Sister-Tutor to the post of Matron Grade IV (Non Gazetted). If the candidate in the said post possesses the requisite qualifications and experience prescribed for appointment by nominations. It may be seen in this regard that under the recruitment rule the insistence upon the fulfilment of the qualifications prescribed for appointment by nomination is not there in the case of departmental promotion from the cadre of Assistant Matron to the cadre of Matron Grade IV (Non-Gazetted) but for appointment by transfer in the post of Matron Grade IV (Non-Gazetted) from the post of Sister-Tutor there is insistence thereunder of the fulfilment of the qualifications laid down for appointment by nomination in the post of Matron Grade IV (Non-Gazetted). 7-A. A comparative analysis of the Recruitment Rules for the post of Matron Grade IV (Non Gazetted) and the post of Sister-Tutor would indicate that whereas only one year's experience is necessary in the case of degree holders in nursing for appointment in the post of Sister-Tutor an experience of five year in administration or teaching is necessary for appointment to the post of Matron Grade IV (Non-Gazetted) if they are candidates possessing B.Sc degree in Nursing. For the candidates who do not possess B. Sc degree in Nursing but merely hold the Tutor's certificates and are qualified as Nurse Midwives or Midwifery Nurse, no experience is laid down for appointment to the post of Sister-Tutor, whereas for qualified Nurses and Midwives 8 years of experience in Nursing Administration or Teaching is necessary for appointment to the post of Matron Grade IV (Non-Gazetted). It is thus clear from the above qualifications for the above two posts that there cannot be any transfer as a matter of course from the post of Sister-Tutor to the post of Matron Grade IV (Non-Gazetted). It cannot thus be treated as a transfer to normal course in an equivalent or the same post. 7-B. It may be seen that there is well-known distinction between appointment by transfer and the normal transfer from one post to another in the same cadre. What is contemplated under the Recruitment Rules for the post of Matron Grade IV (Non-Gazetted) is not an usual transfer from one post to another in the same cadre but an appointment by transfer of a Sister-Tutor in the post of Matron (NG) if the Sister-Tutor concerned possesses the requisite qualifications prescribed for appointment by nomination in the said post. Even the perusal of the return of the State would show that the State realises this distinction between the above two posts which it describes as minor promotion in its return. The very fact that there are two different sets of Recruitment Rules for these two posts would indicated that they are not the same or common posts. It may be a matter of coincidence that the pay-scale of the post of Sister-Tutor borne on teaching aide and the non-gazetted post of Matron Grade IV borne on Hospital Side is the same. It may be a matter of coincidence that the pay-scale of the post of Sister-Tutor borne on teaching aide and the non-gazetted post of Matron Grade IV borne on Hospital Side is the same. The sole fact, however, that the pay-scale of these posts is the same would not be, as shown above, decisive of the question that the post of Sister-Tutor is equivalent to the post of Matron Grade IV (Non-Gazetted). 8. Turning to the duty list of the post of Sister-Tutor, it is clear that the incumbent of the said post has to discharge the duties in relation to the teaching work. However, one thing which is clear from the said duty list is that the Sister-Tutor has to assist the Matron in the scrutiny of applications of candidates for training and selection of candidates. The use of the word "assist" would show that the post of Sister-Tutor is not the same as that of Matron. Similarly her subordination to Matron is established by her duty at serial No. 13 of the said duty list in which it is stated that Sister-Tutor would do such other duties as are allotted to her from time to time and work amicably with the Matron and her deputy. The said duty list further contemplates that if the Matron is on leave, she will obey the person deputed to work in place of the Matron. A perusal of the duties of Matron contained in her duty list would show that she is responsible for the Nursing Service of the Hospital, for the distribution of the Nursing Staff, and for the adequate Nursing care of all patients, including routine care, baths, treatments, dietary. She is thus the head of the Hospital. Moreover, her duties are mostly on Hospital side. It is thus clear from the duties of the two posts that they are not equivalent posts, much less identical or similar. 9. The learned Counsel for the respondent No. 3 has urged before us that what is necessary for appointment in the post of Matron Grade IV (Non-Gazetted) is experience in nursing administration or teaching. According to him, whereas the respondent No. 3 fulfils the said qualification the petitioner does not fulfil the same. 9. The learned Counsel for the respondent No. 3 has urged before us that what is necessary for appointment in the post of Matron Grade IV (Non-Gazetted) is experience in nursing administration or teaching. According to him, whereas the respondent No. 3 fulfils the said qualification the petitioner does not fulfil the same. It may be seen that although the endeavour is to show that the post of Sister-Tutor is equivalent to the post of Matron Grade IV (Non Gazetted), in our view the above submission has no bearing on the said question. At the most it can have bearing on the question of eligibility of the petitioner for appointment to the post of Matron Grade IV (Non Gazetted) if she does not possess the requisite experience as prescribed in the Recruitment Rules for the said post. However, in regard to the question of experience requisite for the post of Matron Grade IV (Non Gazatted) it must be seen that, the experience can be either in nursing administration or in teaching. Further it may be seen that it is not necessary that such an experience must be in the post of Sister-Tutor. If the petitioner can show that she has five years experience in nursing administration on the date of her appointment in the post of Matron Grade IV (Non Gazetted), she would be eligible for the said appointment as per the Recruitment Rules. 9-A. The learned Counsel for the petitioner has brought to our notice the duty list of Staff-Nurses. From the first duty listed in the said duty list it is clear that in the Sister's absence the Staff Nurse is responsible for entire management of the ward. It is then clear from the duty at serial No. 2 that the Staff Nurse has to help the Sister in teaching student Nurses and in the supervision of their works. From the entire duty list of the Staff Nurse it is clear that she has to assist the Sister in her work even in regard to ward administration such as keeping up ward supplies; supervision of the ward servants work; supervision, serving and distribution of patients' food, etc. The duty list of the Staff-Nurse would thus show that a candidate who has worked as Staff Nurse has the experience of nursing administration. The duty list of the Staff-Nurse would thus show that a candidate who has worked as Staff Nurse has the experience of nursing administration. It is, therefore, the case of the petitioner that since she had put in more than five years service as Staff Nurse she had adequate experience as Staff Nurse in nursing administration and teaching which is the requirement for promotion to the post of Matron Grade IV (Non Gazetted). In our view, the above submission on behalf of the petitioner is well founded and supported by the relevant duty list of the post of Staff Nurse. The appointment of the petitioner by transfer as Matron Grade IV (Non-Gazetted), therefore, cannot be successfully assailed. 10. The net result of our discussion would be that the post of Sister-Tutor is not equivalent to the post of Matron Grade IV (Non Gazetted). If that is so, it is clear that the length of service of the respondent No. 3 in the post of Sister-Tutor cannot be taken into account for her promotion in the post of Matron Grade III (Gazetted). The seniority for promotion in the post of the Matron Grade III (Gazetted) will have to reckoned on the basis of the length of service in the post of Matron Grade IV (Non-Gazetted). If the seniority is reckoned in the post of Matron Grade IV (Non-Gazetted) it is clear that the petitioner being appointed earlier in the said post is senior to the respondent No. 3 which seniority is also reflected in the seniority list prepared as on 31-6-1976. If the petitioner was senior to the respondent No. 3 in the post of Matron Grade IV (Non-Gazetted), in departmental promotion to the post of Matron Grade III (Gazetted), she was entitled to be promoted to the said post on the date on which the respondent No.3 was promoted to the said post. 11. It may be seen that the only reason why the petitioner is not appointed in the post of Matron Grade III (Gazetted) by departmental promotion when the respondent No.3 was promoted is that, according to the State, the respondent No. 3 was senior to the petitioner after taking into consideration her length of service in the post of Sister-Tutor. 11. It may be seen that the only reason why the petitioner is not appointed in the post of Matron Grade III (Gazetted) by departmental promotion when the respondent No.3 was promoted is that, according to the State, the respondent No. 3 was senior to the petitioner after taking into consideration her length of service in the post of Sister-Tutor. Since her length of service in the post of Sister-Tutor cannot be taken into account and since the petitioner is senior to the respondent No.3 in the post of Matron Grade IV (Non-Gazetted) the petitioner is entitled to be promoted a day earlier than the day on which the respondent No.3 was promoted to the post of Matron Grade III (Gazetted). She is thus entitled to get a deemed the respondent No. 3 in her promotion in the post of Matron Grade III (Gazetted) because as we have pointed out, subsequently she has been appointed by nomination in the said post of Matron Grade III on 2-9-1982. However, the promotion of the respondent No.3 in the post of Matron Grade III (Gazetted) which has taken place long back in 1979 should not be disputed and if necessary the same may be maintained by creating a supernumerary post till the date when the actual vacancy in the said post may arise. 12. As regards the further promotion of the respondent No.3 on 13-9-1984 in the post of Matron Grade II (Gazetted), by similar reasoning the petitioner would be senior to the respondent No.3 in the post of Matron Grade III (Gazetted) after a deemed date is given to her in the said post over the respondent No.3. The petitioner would thus be entitled to the Departmental Promotion in the post of Matron Grade II from a day earlier to the date of promotion of the respondent No.3 in this post, i.e. from 12-9-1984. However, the promotion of the respondent No.3 in the post of the Matron Grade III (Gazetted) should not be disturbed and should be maintained, if necessary by creating a supernumerary post till the actual vacancy may arise in the said post since it has taken place long back on 13-9-1984. However, the promotion of the respondent No.3 in the post of the Matron Grade III (Gazetted) should not be disturbed and should be maintained, if necessary by creating a supernumerary post till the actual vacancy may arise in the said post since it has taken place long back on 13-9-1984. Again, on an analogous reasoning, since the post of Matron Grade I (Gazetted) which is also filled in by the Departmental Promotion of the respondent No.3 on 31-1-1986, may also not be disturbed and may be maintained by creating a supernumerary post for her till the actual vacancy arises. However, the petitioner who would thus, by our reasoning, becomes senior to the respondent No.3 in the post of Matron Grade II (Gazetted) would be entitled to be promoted in the post of Matron Grade I (Gazetted) a day earlier to the respondent No. 3, she would have to be given seniority in the said post above the respondent No.3. 13. It is pertinent to see that the departmental promotion is made by the State Government of the respondent No.3 in the posts of the Matron Grade III, Grade II and Grade I solely on the basis of seniority without any interview and selection by the M.P.S.C It is in view of the above fact that we can directly issue a writ for departmental promotion of the petitioner in the same manner in the aforesaid posts instead of issuing a writ for consideration of her claims in the above posts. It is not shown before us that even in the case of departmental promotion, interview and selection by the M.P.S.C. or its concurrence is necessary. 14. As regards the benefits arising out of these promotions we do not think that the petitioner is entitled to get the benefit of arrears arising out of her deemed date of promotion in the gazetted post of Matron Grade III because the respondent No.3 was promoted in that post on 9-3-1979 which promotion she could have challenged immediately thereafter. However, she had waited for her further promotion in the post of Matron Grade II (Gazetted) and has thereafter challenged her promotions in this Court after an inordinate delay on or about 18-3-1985. However, she had waited for her further promotion in the post of Matron Grade II (Gazetted) and has thereafter challenged her promotions in this Court after an inordinate delay on or about 18-3-1985. It is, however, made clear that the petitioner would be entitled to the benefit of a deemed date of promotion over and above the respondent No.3 in the post of Matron Grade III (Gazetted) and she would also be entitled to the proper fitment and increments for her ultimate pay fixation in the pay scale which was attached to the said post at that time and which might have been revised from time to time. As regards her promotion in the Gazetted posts of Matron Grade II and Matron Grade I the petitioner would be entitled to all benefits including the arrears of salary, allowances, etc. 15. In the result, the instant writ petition is allowed to the extent as shown below : (i) The State Government is directed to give a deemed date of promotion to the petitioner in the post of Matron Grade III (Gazetted) from 8-3-1979 i.e. a day earlier to the date of promotion of the respondent No.3. As regards the benefit in the above post of Matron Grade III, the petitioner shall be given her due fitment in the pay scale attached to the said post at that time and as revised from time to time, and her ultimate pay be calculated on the basis of such fitment. She shall, however, not be entitled to any arrears arising from such fitment. (ii) The State Government is directed to give promotion to the petitioner in the post of Matron Grade II (Gazetted) w.e.f 12-9-1984, i.e. a day earlier to the departmental promotion of the respondent No.3 in the said post and is further directed to give promotion to the petitioner in the post of Matron Grade I (Gazetted) with effect from 30-1-1986 which is also one day earlier to the promotion of the respondent No.3 in the said post. The State Government is directed to give all benefits to the petitioner arising from her departmental promotions in the Gazetted posts of Matron Grade II and Matron Grade I from the dates of her deemed promotions in the said posts. (iii) Rule made absolute in the above terms. No costs. Rule made absolute. ----