ORDER S.J. Mukhopadhaya, J. 1. The writ petition was preferred by petitioner against the seniority list dated 10th January, 2002 issued by the Health, Medical Education and Family Welfare Department of State of Jharkhand wherein 4th respondent, Dr. S. Dabu shown senior to petitioner. Dr. Basant Kumar Agrawal in the teaching cadre of Medical Colleges. 2. By an amendment petition, the petitioner also challenged notification No. 36(2) dated 3rd April. 2002 whereby and whereunder the 4th respondent was made professor. Department of Anatomy in M.G.M. Medical College, Jamshedpur. 3. While the petitioner claims senior to 4th respondent, the respondents have opposed the prayer and the 4th respondent claimed seniority over the petitioner. 4. Admittedly, after due advertisement and selection, the petitioner was posted against a tenure teaching post of Registrar on 26th June, 1986 where he continued upto 1989. Subsequently, in pursuance of advertisement and selection, the petitioner was appointed Assistant Professor, Anatomy 30th May, 1,992. The petitioner was given charge of the higher post of Associate Professor vide Notification No. 149 dated 14th May, 1997. 5. The 4th respondent claimed that she was a tutor appointed and posted as Assistant Professor on 24th June, 1988, i.e. about 4 years prior to petitioners appointment and posting as Assistant Professor. Anatomy. Further, according to her, she having been given the charge of Associate Professor, Anatomy along with petitioner, vide common Notification No. 149 dated 14th May, 1997, she continued to be senior to the petitioner. 6. The counsel for the petitioner submitted that the orders of promotion of 4th respondent were never acted upon, nor given effect and thereby, the 4th respondent cannot claim seniority. That was the reason, when provisional seniority list was published vide Memo No. 471 dated 26th December, 1996, the petitioner was shown at serial No. 16 and the 4th respondent at serial No. 22, below the petitioner. 7. It will be evident from Notification No. 180 dated 2nd May, 1994 that the 4th respondent having not joined the post of Assistant Professor, continued as tutor Anatomy in M.G.M. Medical College, Jamshedpur. For the said reason, she was shown tutor in the Notification No. 180 dated 2nd May, 1994 whereby she was posted as Assistant Professor in A.N. Medical College, Gaya. The 4th respondent thereafter by her letter dated June. For the said reason, she was shown tutor in the Notification No. 180 dated 2nd May, 1994 whereby she was posted as Assistant Professor in A.N. Medical College, Gaya. The 4th respondent thereafter by her letter dated June. 1994 requested to allow her to continue as tutor which was forwarded by the Principal, M.G.M. Medical College, Jamshedpur on 3rd June. 1997 vide Annexure 4. The letter of Principal, M.G.M. Medical College, Jamshedpur dated 7th September. 1988 shows that the 4th respondent was a tutor. The provisional gradation list which was circulated vide Memo No. 471 dated 26th December, 1996 also shows that the 4th respondent having not joined the transferred post on promotion as Assistant Professor was debarred under the guidelines for a period of five years from 21st May. 1994. For the said reason, her date of promotion as Assistant Professor was shown as 21st May, 1999. 8. From the facts aforesaid, it will be clear that though the notifications of appointment/promotion to the post of Assistant Professor were issued on 24th June, 1988, 2nd May, 1994 but the 4th respondent on her request, did not join her post but continued to function against the lower post of tutor. She was debarred for five years, which period continued upto 21st May, 1999. The notifications, thus, having not acted upon, the 4th respondent cannot claim seniority on the basis of such notifications. 9. For the reasons aforesaid, the date of appointment/promotion of petitioner as Assistant Professor being 30th May, 1992, the debarment period of promotion/appointment of 4th respondent to the post of Assistant Professor having come to an end on 21st May. 1999, I hold the petitioner senior to 4th respondent. 10. In the counter-affidavit filed by the State, it has been accepted that the notification dated 31st August, 1988 was not given effect, there being no post of Assistant Professor. Anatomy in the Medical College where 4th respondent was posted, as also on the request of the 4th respondent. 11. In the facts and circumstances, the petitioner being senior to 4th respondent, the gradation list dated 10th January, 2002 in respect to them is set aside. The Notification No. 36(2) dated 3rd April, 2002 whereby 4th respondent has been made incharge Professor, Anatomy is also set aside. 12. 11. In the facts and circumstances, the petitioner being senior to 4th respondent, the gradation list dated 10th January, 2002 in respect to them is set aside. The Notification No. 36(2) dated 3rd April, 2002 whereby 4th respondent has been made incharge Professor, Anatomy is also set aside. 12. The respondents are directed to modify the gradation list dated 10th January, 2002 as per observations made above, with further direction to consider the case of petitioner for posting as Professor, Anatomy, if the State intends to make ad hoc arrangement. 17. The writ petition is allowed, with the aforesaid observations/directions.