Judgment : B.P. Dharmadhikari, J (1) Heard Smt. Ansari, Advocate for the petitioner, Shri Gundre, Advocate for the respondent No.1 and 2, and Shri Rudrawar, Advocate for respondent No.3. (2) The petitioner who was already SSC in 1980 joined the services of respondent Nos. 1 and 2 on 10.5.1985 and completed 3 years of service on 10.5.1988. Thus, seniority of the petitioner for promotion to the post of Naka Karkoon needed to be computed from 10.5.1988. Respondent No.3 joined his services in 1980. He completed his SCC in 1988. According to the petitioenr, therefore, the seniority must be calculated after completion of 3 years i.e. from 1991. (3) Shri S.V. Gundre, appearing for respondent Nos. 1 and 2 submits that the Govt. Resolution dated 23rd September, 1975 is very clear and in cases where a person is already SSC before joining the services, his seniority can be calculated after he puts in 3 year's service. He submits that if a person obtains SSC qualification while in service, the period of 3 years is to be calculated after completion of 3 years service or after obtaining SCC qualification, whichever is later. Shri S.G. Rudrawar, Advocate appearing for the respondent No.3 supports the arguments of Advocate Shri Gundre. (4) Clause 2(iii) b of Govt. Resolution dated 23.9.1975 reads as under:- “(b) In the case of those who pass the SSC Examination at the time of joining the Class IV service, their date of appointment for the purpose of seniority, should be deemed to be from the date on which they completed three years service or pass the SSC examination whichever is later”. (5) After hearing the respective counsel, and on perusal of Govt. Resolution dated 23rd September, 1975, we find that the seniority of respondent No.3 can be looked into, after completion of 3 year's service or after he obtains SSC qualification, whichever event takes place later. There is no requirement to put in 3 year's service after obtaining SSC qualification. The logic appears to be, such person is already in service and has gained some experience. Therefore, if a person is already in service primacy is given to completion of 3 years of his service. The date on which he obtains SSC is, therefore, not treated as decisive.. The logic appears to be, such person is already in service and has gained some experience. Therefore, if a person is already in service primacy is given to completion of 3 years of his service. The date on which he obtains SSC is, therefore, not treated as decisive.. However, if such person is not SSC at all and if he obtains SSC after more than three years of joining service, his seniority can be calculated from the date on which he obtains SSC qualification. SSC qualification is therefore must, but, then it has to be with three years service. Otherwise, words, “whichever is later” in above clause are rendered redundant and such an interpretation or course is not open in law. The question before us is, the date on which result of 1988 SSC examination was declared. (6) Learned counsel for the petitioner is seeking an adjournment to file appropriate affidavit in this respect. However, we find that the interest of justice can be met by directing the respondent No.1 to ascertain the said date. If the result of SSC examination is declared after 10.5.1988, it follows, the petitioner will become senior to respondent No.3. If it is prior to 10.5.1988, respondent No.3 will be senior to the petitioner. Hence, we direct the respondent No.1 to consider this aspect within a period of 8 weeks from today, after giving an opportunity of hearing to the petitioner as also the respondent No.3 and then, to take appropriate decision on entitlement of senior person to promotion as Naka Karkoon, within a further period of 4 weeks. With the aforesaid directions, we dispose of the petition. Rule made absolute accordingly. No costs.