ORDER : J.B PARDIWALA, J. Since the issues raised in both the captioned applications are more or less the same, and the impugned orders passed by the Tribunal are also on the same footing, those were heard analogously and are being disposed of by this common judgment and order. 2. The two applications are filed by the Bhavnagar University under Article 227 of the Constitution of India, calling in question the legality and validity of the orders passed by the Gujarat Universities Services Tribunal dated 14th November, 2000 in the Application No. 18 of 1998 and the order dated 15th December, 2000 passed in the Application No. 19 of 1998 respectively. By the two impugned orders, the Tribunal took the view that the services rendered by a typist cum clerk in the feeder cadre of the typist is required to be taken into consideration for the purpose of fixing the seniority in the cadre of the “typist cum clerk”, “junior clerk-assistant.” 3. The sum and substance of the impugned orders is that the services rendered by the private respondents herein in the cadre of typist between 1st November, 1979 and 1st February, 1984 should be taken into consideration while determining their seniority in the higher cadre of the “typist cum clerk”, “junior clerk-assistant”. Being dissatisfied with the two orders passed by the Tribunal, the University has come up with the two applications, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. 4. Having heard the learned counsel appearing for the parties and having considered the materials on record, the only question that falls for my consideration is whether the Tribunal committed any error in passing the impugned orders. 5. I take notice of the fact that the cadre of the typist and the cadre of the typist cum clerk are distinct and different. This is evident from the statement which is at page-60, Annexure-E of the Special Civil Application No. 976 of 2001, showing the qualifications and experience of the administrative posts (recruitment rules). 6. The qualification for the post of the typist is S.S.C passed with the Gujarati (Higher Level) and speed of 40 and 25 words per minute in English. 7. The two private respondents were earlier appointed by the Saurashtra University. They came to be transferred to the Bhavnagar University under the notification dated 24th May, 1979. 6. The qualification for the post of the typist is S.S.C passed with the Gujarati (Higher Level) and speed of 40 and 25 words per minute in English. 7. The two private respondents were earlier appointed by the Saurashtra University. They came to be transferred to the Bhavnagar University under the notification dated 24th May, 1979. The office order dated 31st January, 1984 passed by the Registrar of the Bhavnagar University, creating the cadre of the typist cum clerk reads as under; “The Cadre of Typist cum Clerk has been created in Bhavnagar University and it is decided that a typist who is graduate is to be appointed on this post of typist cum clerk and to appoint following three typists who are in the University service and graduates as typist cum clerk, three posts of typists have been converted into the posts of typist cum clerk and the following three typists are appointed on the posts of typist cum clerk w.e.f 1.2.84, they will have to carry out whatever work is entrusted to them as typist cum clerk from time to time. Their pay, pay scales and other benefits which they are getting as typists are thereby protected. The Cadres of Junior Clerk and Typist cum Clerk will be created as equivalent and following three employees may be encluded in the seniority list of junior Clerk w.e.f 1.2.84 Their Seniority in the common cadre will be considered w.e.f 1.2.84 Their Services as typist will not be considered for the purpose of this Seniority.” 8. The channel of promotion is that the cadre of the junior clerk is the feeder cadre for the cadre of the senior clerk and the cadre of the senior clerk is the feeder cadre for the cadre of the head clerk. Rule 7 G & H reads as under; “(G) Seniority of respective cadres shall be finalized on the of date of joining the respective cadres in the University office but, is two or more employees have joined the respective cadre on the same day. Then the person who has joined in the morning shall be given no. 1 in the seniority list than the person who has joined in the afternoon. Then the person who has joined in the morning shall be given no. 1 in the seniority list than the person who has joined in the afternoon. When two or more persons have joined the respective cadre on the same day and at the same time, in that eventuality a person having more experience in office work shall be given no. 1 in the seniority list. As regards educational qualification is concerned, seniority will be decided on the basis of first Class, second class, third class. If the educational qualifications happen to be the same, then the person cadre in age shall be given no. 1 in the seniority list. But, when basis of seniority of the two or more employees get promotion on the basis of seniority of the lower cadre and joint the post of same time then their seniority in the promotional cadre shall be decided on the basis of their seniority in the lower cadre. (H) While considering the experience in office work for the purpose of deciding the seniority, the experience of respective work in an institute or a respective work in an institute of a department shall be considered as the experience of office work. Such an experience shall only be considered is produced till the introducing of a new cadre of typist the experience as a typist in the University office shall be considered as the experience in the cadre of clerk in the University office. 9. Rule 16(A) reads as under; “All the post of typist shall be filled in from amongst the Class IV employees working in the University Office, Department and Centres having the requisite qualification as prescribed follos on the basis of their type test (No intervica) qualifications. (1) Should have passed S.S.C examination with Gujarati (Higher Level). (2) Should have speed of 40 words and 26 words in English and Gujarati typing respectively. It is further resolved that it Class IV employees attain the speed of 36 words and 20 words in English and Gujarati Typing respectively then to make a recommendation to the Syndicate to appoint then on trial basis temporarily in the order of their Seniority.” 10. It is further resolved that it Class IV employees attain the speed of 36 words and 20 words in English and Gujarati Typing respectively then to make a recommendation to the Syndicate to appoint then on trial basis temporarily in the order of their Seniority.” 10. Rule 16(B) reads as under; “Normally the post of Senior Typist shall be filled in from amongst the typist working in the University office and having 2 years experience as typist and whose confidential reports by the superior are satisfactory at the time of Selection by the Selection Committee for the post of Senior typist. But, if the Selection Committee informs with remons that the raitable candidate could be found from such candidates then these post shall be filled in by direct recruitment by giving an advertisement.” 11. The respondents were appointed as the typist cum clerk in the pay scale of Rs. 260-400 with effect from 1st February, 1984. The cadres of the junior clerk and the typist cum clerk were created as equivalent and the two respondents herein and one third person were included in the seniority list of the junior clerk with effect from 1st February, 1984. Way back on 31st January, 1984, i.e, in the office order referred to above, it was made clear to both the respondents herein that their seniority in the common cadre would be considered with effect from 1st February, 1984 only. Their services as the typist would not be considered for the purpose of the seniority. 12. After almost a period of 14 years, i.e, in the year 1998, the two respondents raised the dispute as regards the grant of seniority. The Tribunal, in my view, committed a serious error in taking the view that the service rendered by the two respondents in the capacity of th e “typist” for the period between 1st November, 1979 and 31st January, 1984 should be taken into consideration for the purpose of fixing their seniority in the cadre of the “typist cum clerk”, equal to “junior clerk”, equal to “assistant”. It is a settled position of law that the retrospective seniority cannot be given to an employee from a date when he was not even born in the cadre so also seniority cannot be given with retrospective effect so as to adversely effect the others. It is a settled position of law that the retrospective seniority cannot be given to an employee from a date when he was not even born in the cadre so also seniority cannot be given with retrospective effect so as to adversely effect the others. The seniority amongst the members of the same grade must be counted from the date of their initial entry into the grade. The observations of the Supreme Court in the case of P. Sudhakar Rao v. U. Govinda Rao, (2013) 8 SCC 693 in para-45 are relevant. The same are as under; “Without intending to multiply precedents on this subject, reference may be made to a decision rendered by this court more than two decades ago. In State of Bihar v. Akhouri Sachindra Nath it was held that retrospective seniority cannot be given to an employee from a date when he as not even borne in the cadre. So also, seniority cannot be given with retrospective effect so as to adversely affect others. Seniority amongst members of the same grade must be counted from the date of their initial entry into the grade. It was held; 12. In the instant case, the promote Respondents 6 to 23 were not born in the cadre of Assistant Engineer in the Bihar Engineering Service, Class II at the time when Respondents 1 to 5 were directly recruited to the post of Assistant Engineer over Respondents No. 1 to 5. It is well settled that no person can be promoted with retrospective effect from a date when he was not borne in the cadre so a to adversely affect others. It is well settled by several decisions of this Court that amongst members of the same grade seniority is reckoned from the date of their initial entry into the service. In other words, seniority inter se amongst the Assistant Engineers in Bihar Engineering Service, Class II will be considered from the date of the length of service rendered as Assistant Engineers. This being the position in law Respondents 6 to 23 cannot be made senior to Respondents 1 to 5 by the impugned government orders as they entered into the said service by promotion after Respondents 1 to 5 were directly recruited in the quota of direct recruits. The judgment of the High Court quashing the impugned government orders made in Annexures 8, 9 and 10 is unexceptionable.” 13. The judgment of the High Court quashing the impugned government orders made in Annexures 8, 9 and 10 is unexceptionable.” 13. Besides the above, I am of the view that the Tribunal ought not to have entertained the claim of the two private respondents after a period of almost 14 years. 14. In the overall view of the matter, I hold that the Tribunal committed an error which warrants interference in exercise of my supervisory jurisdiction under Article 227 of the Constitution of India. 15. As a result of the aforesaid discussion, both the applications succeed and are allowed. The impugned orders passed by the Tribunal are hereby ordered to be quashed and set aside. Rule is made absolute to the aforesaid extent. 16. Direct service is permitted.