Judgment :- Petitioner seeks Writ of Mandamus directing the Respondents to regularise the Petitioners services and absorb the Petitioner as Central Government employee with effect from 01.07.1978 in the office of the 3rd respondent – Official Liquidator with all attendant benefits and other emoluments attached thereof. 2. Petitioner was working in Suvarna Chit Funds and Financing Company Private Limited which went into liquidation. Petitioner was posted in the office of the 3rd respondent from 04.01.1978 for the purpose of updating the accounts for preparing statement of affairs of the said company. Later by the office order dated 01.07.1978, Petitioner was appointed as Estate Clerk on consolidated remuneration of Rs.200/- per month. According to Petitioner he has been discharging his duties as Estate Clerk from 01.07.1978. Petitioner was promoted as Estate Inspector from 06.05.1983 and was again promoted as Estate Technical Assistant with effect from 011. 1987 and is working as Estate Assistant. 3. The company paid staff working in various Official Liquidators offices prior to 31.03.1978 were absorbed as Lower Division Clerks (LDC) (Group C Post). Request of the Petitioner was turned down that he was appointed subsequent to 31.03.1978 and that his name could not be considered. 4. Case of Petitioner is that in the writ petition filed before High Court at Kerala, passed the orders to regularise services of 14 Estate Clerks from their date of appointments as Estate Clerks i.e, as regular Government servant i.e, LDC with all benefits. 1st Respondent preferred appeal in C.A.No.5677 of 1994. By order dated 27.08.1999 the Honble Supreme Court has confirmed the orders passed by the Kerala High Court. Based on the orders passed by High Court of Kerala confirmed by the Supreme Court company paid staffs were regularised in the Government services. Therefore, case of the Petitioner is that pursuant to the orders passed by the Supreme Court 2nd Respondent prepared a list of company paid staff to be absorbed as a Central Government servant. Petitioner was ranked 13th in the list. The grievance of the Petitioner is that though he was ranked in 13th position, he was not regularised as Central Government staff and hence the Petitioner seeks for direction to regularise his service as Central Government employee with effect from 01.07.1978. 5. Learned counsel for the Petitioner contended that the Staff Selection Commission (SSC) has indicated the cut off date as 011. 5. Learned counsel for the Petitioner contended that the Staff Selection Commission (SSC) has indicated the cut off date as 011. 1978 and the case of the Petitioner falls within the cut off date. It was further argued that the panel of southern region was prepared without reckoning the Petitioners date of appointment i.e 01.07.1978. Placing reliance upon the communication from Ministry of Law, Justice and Company Affairs, Department, the learned counsel for the Petitioner Mr.Pl.Narayanan mainly contended that the seniority of the Petitioner has to be reckoned from 01.07.1978. 6. Taking me through the averments in the counter, learned counsel for the 2nd Respondent submitted that Petitioner being a company paid staff Petitioner cannot claim parity with those appointed through SSC and it was further argued that prayer for absorption was considered and Petitioner was absorbed in December 2000 and while so Petitioner is not justified in seeking regularisation from 01.07.1978. 7. In the writ petition, Petitioner seeks two limbs of prayer: (i) To regularise Petitioners service and absorb the Petitioner as Central Government employee with effect from 01.07.1978. (ii) To pay arrears of salary, payment of bonus and all such benefits with effect from 01.07.1978 reckoning his seniority from 01.07.1978. 8. Petitioner joined services only as company paid staff (i.e) the company of Suvarna Chit Funds and Financing Company Private Limited. By the proceedings of Ministry of Law, Justice and Company Affairs, Department, the Petitioner was appointed as Estate Clerk on a consolidated monthly remuneration of Rs.200/-per month. Even in the order of appointment, it was clearly indicated that appointment of Petitioner was on a purely temporary basis and is liable to be terminated at any time without any notice whatsoever and without assigning any reasons. 9. SSC was constituted with effect from 01.04.1978 as a channel to Government to select suitable candidates for appointment to the post of LDC and upto the post of Assistants by conducting competitive examinations. The Respondents specifically averred that after 01.04.1978 i.e., subsequent to the constitution of SSC the Respondents 1 to 3 were not recruiting candidates for the post of LDC till 27.08.1999 i.e., till the orders passed by the Honble Supreme Court. 10. 14 Estate Clerks in Kerala moved the Kerala High court and Kerala High court passed the order of absorption of 14 Estate Clerks into Government service who have been appointed as on 31.03.1978. 10. 14 Estate Clerks in Kerala moved the Kerala High court and Kerala High court passed the order of absorption of 14 Estate Clerks into Government service who have been appointed as on 31.03.1978. As against that order 1st Respondent preferred appeal before Honble Supreme Court in C.A.No.5677/1994 challenging the order passed by the Division Bench of the Kerala High Court. Dismissing the appeal Supreme Court directed (company paid staff) working in the office of Official Liquidators be made eligible for regular absorption who were in position as on 27.08.1999 and who possess the requisite educational qualification laid down and in accordance with recruitment rules for the post against which they are to be absorbed. As per direction of the Honble Supreme Court, company paid staff were to be absorbed in the Government service. Screening Committee had assessed the suitability of the candidates for selection to the appropriate grade on the basis of qualification and experience. A panel was prepared, name of Petitioner was placed at S.No.13 in the panel of LDCs. Offer of appointment conveyed by the Regional Director, Southern Region, Chennais letter ref.1(48)/2000 dated 25.09.2000 was accepted by the Petitioner in his letter dated 210. 2000. Petitioner was posted as LDC in the office of Official Liquidators Kerala with immediate effect. Since the date of birth of the Petitioner was 110. 1954, sanction of the President was also conveyed in the same letter regarding the relaxation of age limit prescribed in the recruitment rules. By the same letter it was also communicated to the Petitioner that the seniority of the Petitioner would be refixed in accordance with the rank assigned by the Selection Committee. 11. As pointed our earlier the Petitioner was absorbed with effect from 012. 2000. In so far as the first limb of prayer for absorption the Petitioner request for absorption was already acceded and no further order need be passed in this writ petition. 12. Next question falling for consideration is whether the Petitioner has to be regularised with effect from 01.07.1978 and whether his seniority is to be reckoned with effect from 01.07.1978. As pointed out earlier even in the office order dated 012. 2000, it was clearly indicated that seniority of Petitioner will be fixed in accordance with the rank assigned by the Selection Committee and whileso the Petitioner cannot claim reckoning of seniority with effect from 01.07.1978. 13. As pointed out earlier even in the office order dated 012. 2000, it was clearly indicated that seniority of Petitioner will be fixed in accordance with the rank assigned by the Selection Committee and whileso the Petitioner cannot claim reckoning of seniority with effect from 01.07.1978. 13. As pointed out earlier, subsequent to the Constitution of SSC from 01.04.1978, respondents are not recruiting candidates for the post of LDC. The company paid staff who are working upto 31.03.1978 were absorbed under the 1978 scheme. If the Petitioner was so aggrieved by the non-absorption in the 1978 scheme the Petitioner ought to have challenged the same then and there. 14. Referring to the writ petition No.9732/1990 filed before the Kerala High Court by 13 Estate Clerks against Union of India & others and interim order there on, Ministry of Law Justice and Company Affairs had written a letter dated 012. 1991 seeking approval to the Department for the absorption of company paid staff having the cut off date as 04.07.1978. In response to the said letter, by its letter dated 02.01.1992 the SSC has sent a reply stating that the commission has considered the request of regularisation of those adhoc persons for regularisation who were recruited before 011. 1978 without consulting the commission. In the letter SSC has further absorbed 14 persons mentioned in the writ petition No.9732/1990 who were recruited between 03.01.1982 to 26.05.1989 i.e, after 011. 1978 and therefore regularisation of those adhoc persons or company paid staff would not come under the purview of the Commission. 15. Laying emphasis upon the said letter of the SSC (02.01.1992) the learned counsel for the Petitioner mainly contended that the said letter of SSC would clearly indicate the cut off date was fixed as 011. 1978 and that SSC was considering the regularisation of those adhoc persons for regularisation who were recruited before 011. 1978. The said letter of SSC is dated 02.01.1992, if really the Petitioner was so aggrieved regarding his non-absorption having cut off date as 011. 1978, the Petitioner could have agitated the matter then and there. Petitioner has chosen to file the writ petition only after his name was empanelled as S.No.13 in the panel of LDCs for the Southern region. 16. 1978, the Petitioner could have agitated the matter then and there. Petitioner has chosen to file the writ petition only after his name was empanelled as S.No.13 in the panel of LDCs for the Southern region. 16. From the said letter of SSC (02.01.1992) it is seen that SSC has conducted special examinations for regularisation of adhoc persons in the years of 1982, 1983, 1986 and 1987. The Petitioner could have very well appeared in those special examinations. The Petitioner has not chosen to appear in those special examinations and get himself qualified. Only after the direction of the Honble Supreme Court the Petitioner after the preparation of the panel the Petitioner has filed the writ petition. Having accepted the terms of appointment the seniority of the Petitioner is to be fixed only in accordance with the rank assigned by the Selection Committee. As rightly contended by the learned counsel for the Respondents, it is not open to the Petitioner to seek for reckoning of his seniority from 01.07.1978. 17. Onbehalf of the Petitioner it was mainly contended that the LDC panel of Southern region in 2000 was prepared arbitrarily and therefore the seniority fixed there on cannot be sustained. By reading of counter averments it is seen on the recommendation of Supreme Court panel was prepared and panel was also circulated to the company paid staff in the southern region. Having accepted the terms of appointment, it is not open to the Petitioner to seek for reckoning of seniority as LDC from 01.07.1978 nearly after 22 years. The Petitioner is not entitled to the second limb of prayer sought for in the writ petition. 18. Petitioner has already been absorbed as Government servant with effect from 012. 2000. The writ petition is dismissed in so far as reckoning of seniority from 01.07.1978.