ORDER : J.S. Verma, J. 1. Leave granted. 2. On the basis of a competitive examination for filling certain posts of Junior Grade Translator in the Guwahati High Court, certain persons were selected and on the basis of their comparative merit placed as under: 1. Shri Jatendra Ch. Das 2. Smt. Dipika Devi 3. Shri Bhaba Kanta Hazarika 4. Shri Birajmohan Goswami 5. Shri Suresh Ch. Sarma 3. It is obvious that the appellant - Smt. Dipika Devi was placed above respondent No. 1 - Bhaba Kanta Hazarika, Birajmohan Goswami and Suresh Ch. Sarma on the basis of the comparative merit of the selected candidates. After the appointment was given to them, respondent No.1 Bhaba Kanta Hazarika joined duties on 11.9.84 while the appellant Smt. Dipika Devi joined on 12.9.84 i.e. the next day. 4. On August 2, 1988, the appellant - Smt. Dipika Devi was promoted as Senior Grade Translator. Respondent No.1 had filed a writ petition challenging appellant's earlier promotion to the higher post claiming that he was senior to the appellant because he had joined duty as Junior Grade Translator a day prior to the appellant. This writ petition was allowed by the Guwahati High Court on 19.10.90. 5. It appears that no date of confirmation was assigned to any of these persons selected as Junior Grade Translators till after the decision of the High Court. After that decision, two orders were made by the High Court by which these persons were confirmed as Translators and date of confirmation was assigned to them. These orders dated 30.5.91 and 14.8.91 read as under: ORDER Dated the Guwahati 30.5.91 "No. HC.V-28/76/10,666/Estt. The following incumbents are confirmed as Translators with effect from the dates shown against their names. 1. Shri Bhaba Kanta Hazarika 29.6.86 2. Shri Suresh Ch. Sarma 1.7.86 3. Shri Kamal Ranjan Sur Roy 2.9.86 4. Smti. Shahida Begum Choudhury' 9.8.89 Sd/- B P. Saikia Registrar (Admn.) ORDER Dated the Guwahati 14.8.91 "No. HC.V-28/76/17399/Estt. Smt. Dipika Devi, Translator, is confirmed as Translator with effect from 30.6.86. By orders, Sd/- D. Biswas Registrar (1&E) 6. The High Court held in favour of the respondent No. 1 only because respondent No. 1 had joined duty a day prior to the appellant even though in the select list on the basis of merit, the appellant was placed at SI. No.2 next only to Jatendar Ch. By orders, Sd/- D. Biswas Registrar (1&E) 6. The High Court held in favour of the respondent No. 1 only because respondent No. 1 had joined duty a day prior to the appellant even though in the select list on the basis of merit, the appellant was placed at SI. No.2 next only to Jatendar Ch. Das and the remaining selected candidates including respondent No. 1 were at Sl. Nos. 3, 4 and 5. 7. It appears that the question of disturbing the inter se seniority of Smt. Dipika Devi and Shri Bhaba Kanta Hazarika was raised only because of Shri Bhaba Kanta Hazarika joining the duty a day earlier to Smt. Dipika Devi even though Smt. Dipika Devi was placed higher in order of merit in the select list. The matter was examined by the Administrative Judge of the High Court who was of the opinion that Smt. Dipika Devi being higher in order of merit, the fact that she joined a day later would not make her junior. The opinion also referred to Rule 20 of Gauhati High Court Rules and concluded that the effect of that rule does not alter this position. The Chief Justice of the High Court acted on that opinion. 8. Aggrieved thereby, Bhaba Kanta Hazarika filed a writ petition which has been allowed accepting his contention merely because he joined the post a day earlier to Smt. Dipika Devi. We may observe that Rule 20 will not apply to a case where there is direct recruitment to the post and a select list has been prepared in order of merit. In such a case, if the selected persons join on different dates, their inter se seniority on the basis of merit shown in the select list, cannot be disturbed unless there is failure by some one to join duty within the time allowed for this purpose. It is nobody's case that Smt. Dipika Devi did not join her duty within the time allowed for the purpose. For this reason, her higher position in order of merit in the select list could not be disturbed merely because a person lower to her in order of merit in the select list came to join fortuitously a day earlier to her. 9. Consequently, the appeal is allowed. For this reason, her higher position in order of merit in the select list could not be disturbed merely because a person lower to her in order of merit in the select list came to join fortuitously a day earlier to her. 9. Consequently, the appeal is allowed. The impugned judgment of the High Court is set aside resulting in dismissal of the writ petition filed by respondent No. 1 in the High Court. All consequential action necessary to show Smt. Dipika Devi senior to Bhaba Kanta Hazarika must be taken to restore her seniority. No costs.