ORDER : Y.K. Sabharwal, J. The appellant claims that his seniority shall be reckoned from the date of examination which was held within a period of two years of his appointment, i.e., 5th July, 1979. The grievance of the appellant is that his seniority has been incorrectly reckoned with effect from 19th October, 1981, namely, the date of declaration of examination. In support, reliance is sought to be placed on a decision of this Court in the case of State of Maharashtra v. Jagannath Achyut Karandikar (1989 (1) Suppl. S.C.C.393). 2. We are afraid, the aforesaid contention is not open to the appellant. In Mohan Lal & Ors. v. State of Himachal Pradesh (1997 (4) S.C.C.416), while deciding Civil Appeal No.2417 of 1997 referring to the appellant, it was specifically directed that his seniority is to be reckoned with from the date of passing of examination. The judgement also notices the date of passing of the examination, being 19th October, 1981. In order to get over the observations made in this judgment, reliance is sought to be placed by the learned counsel on an order dated 16th March, 1998 passed in Writ Petition (C) No.526 of 1997 filed by the appellant herein in this Court under Article 32 of the Constitution of India. The said order is also of no avail to the appellant since, while dismissing the writ petition, it was noticed that the observations made in Civil Appeal No.2417 of 1997 will apply to those persons who were parties in that case. It is not in dispute that the appellant was a party in Civil Appeal No.2417 of 1997. The plea that he was not a party in O.A. No.788 of 1995 is of no consequence. In this view, the High Court has rightly come to the conclusion that, in view of the decision in Mohan Lal & Ors. (supra), the seniority of the appellant has to be reckoned from the date of passing of examination, i.e., 19th October, 1981, and the earlier finding cannot be over-looked, brushed aside or ignored. 3. We, therefore, find no merit in the civil appeal. It is, accordingly, dismissed with costs. Appeal Dismissed