JUDGMENT M. Y. Eqbal, J. The short question that falls for consideration in the instant appeal is as to whether the action of the University in declaring respondent no.5 senior to the appellant-writ petitioner after taking into consideration the services of respondent no.5 rendered in Jawaharla Nehru Krishi Vishwa Vidyalaya is justified. 2. The appellant appointed as Associate Professor-cum-Senior Scientist at Ranchi Veterinary College, an affiliated college of Birsa Agricultural University on 20.8.1982. The appellant’s case is that he was selected for the post of Junior Scientist –cum-Assistant Professor, Department of Public Health and Epidemiology in the faculty of Veterinary Science and Animal Husbandry. In the select list, the appellant was placed at serial no.1, while one Dr. Ashok Dayal was placed at serial no.2. According to the appellant since Dr. Dayal did not join the post, respondent no.5 was subsequently appointed vide notification dated 20.04.1983 as Junior Scientist-cum-Assistant Professor. The grievance of the appellant is that though respondent no.5 also appeared and interviewed for the said post alongwith the appellant but his name did not find place in the select list. Further grievance of the appellant is that although respondent no.5 joined subsequent to the appellant but he was given undue advantage by counting his service rendered at Jawaharlal Nehru Krishi Vishwa Vidyalaya ( in short JNKVV.) 3. The case of respondent no.5, on the other hand is that he was appointed vide notification dated 20.04.1983 as Junior Scientist-cum-Assistant Professor in the Department of Veterinary Public Health and Epidemiology in Birsa Agricultural University. After receiving appointment letter, respondent no. 5 requested the Chancellor to extend the time of his joining and also requested that his pay should be protected in the scale which he was getting in JNKVV, Jabalpur. The University, accordingly, vide letter dated 13.05.1983 extended the time of his joining and also ordered that his pay will be fixed accordingly. Respondent no. 5 , thereafter, joined the University on 29.06.1983. The stand of the University is that though respondent no.5 joined on 29.06.1983 that is subsequent to the appellant but since his past service period rendered in JNKVV , Jabalpur was counted and he was allowed pay protection, he became senior to the appellant. The University further stated that the appellant was promoted to the Selection Grade with effect from 1995 in the career advancement scheme as recommended by then University Grant Commission whereas respondent no. The University further stated that the appellant was promoted to the Selection Grade with effect from 1995 in the career advancement scheme as recommended by then University Grant Commission whereas respondent no. 5 was promoted to Selection Grade under the said scheme with effect from 20.10.1993. 4. Learned Single Judge after taking into consideration all these facts came to the conclusion that the University rightly rejected the representation filed by the appellant claiming seniority over respondent no.5. 5. Mr. Mahrsh Tiwari, learned counsel for the appellant, assailed the impugned judgment mainly on the ground that the respondent no. 5 rendered his services at JNKVV from 23.08.1976 to 25.06.1983 and left his service after resigning from the said University and thereafter, joined Birsa Agricultural University on 29.06.1983. According to Mr. Tiwari from 26.06.1983 to 28.06.1983 that is three days he was not in service, which amounts to break in his continuous service. Learned counsel further submitted that the learned Single Judge wrongly came to a finding that respondent no. 5 was given the benefit of continuance of service in JNKVV. 6. It is not in dispute that respondent No.5 got the scale of Rs.700-1600 in 1976 and his past experience in JNKVV, Jabalpur has been taken into consideration. It is also not in dispute that respondent No.5 was already having experience of about 9 years and on the post of Associate Professor, respondent No.5 was promoted on 20.10.1993, whereas the petitioner was promoted on 22.9.1995. So far the question of break in service of two days is concerned, admittedly, the application of respondent No.5 was forwarded by JNKVV, Jabalpur on 15.1.1982 and after being appointed by respondent-University, he resigned from his earlier post and thereafter joined the respondent-University. In the aforesaid premises, it cannot be held that there is break in service. The extension of time by the University of the joining of respondent No.5 and protection of his basic pay has been done by the University according to the Acts and the Rules. The learned Single Judge, therefore, rightly held that the relief claimed by the petitioner is not justified. 7. For the reasons aforesaid, we do not find any reason to interfere with the impugned order passed by the learned Single Judge. This appeal is, accordingly, dismissed.