ORDER : 1. Heard learned counsel for the petitioners and learned counsel appearing on behalf of the respondents. 2. Petitioners are aggrieved by the provisional seniority list and inter-se seniority of direct recruits prepared and determined on the basis of date of joining of the candidates and ignoring the merit position as per list prepared by Jharkhand Public Service Commission at the time of appointment and as such have approached this Court with a prayer for quashing letter dated 25.10.2016 and gradation list contained therein. 3. The fact of the case arising out of this writ petition is that pursuant to an advertisement dated 28.08.2002 for appointment of 9223 Primary Trained Teacher in Government Primary Schools, petitioners applied and participated in selection process. After written test, final results were published by Jharkhand Public Service Commission on 14.11.2003 on the basis of merit position secured by the candidates. Thereafter, the office of the District Superintendent of Education, Ranchi issued appointment letters to the petitioners vide Annexure-2 Series. Petitioners joined their services at the relevant place of posting and their services are governed by Jharkhand Primary School Recruitment Rule, 2002. After bifurcation of Ranchi district, the services of the petitioners lies within the district of Khunti. The office of the District Superintendent of Education, Khunti, vide its letter dated 25.10.2016 issued provisional seniority list for the purpose of promotion which has been prepared on the basis of date of joining of the candidates ignoring the merit position of candidates as per the list prepared by the Jharkhand Public Service Commission at the time of appointment. Being aggrieved petitioners made representation dated 12.11.2016 before the respondents and prayed for preparation of fresh seniority list on the basis of merit position finalized by JPSC after cancelling the provisional seniority list prepared on the basis of date of joining. In spite of representation filed by the petitioners the respondents are sitting tight over the matter and no heed is being paid to their requests to prepare and finalise seniority list on the basis of final list prepared by the JPSC on the basis of merit position. In spite of representation filed by the petitioners the respondents are sitting tight over the matter and no heed is being paid to their requests to prepare and finalise seniority list on the basis of final list prepared by the JPSC on the basis of merit position. Since office of the District Superintendent of Education, Ranchi, vide its order under Memo No. 4175, dated 30.12.2016, has granted promotion amongst the direct recruits on the basis of their respective date of joining ignoring the merit position secured by them in the list prepared by the Jharkhand Public Service Commission, petitioners have a reasonable apprehension that the persons junior to them may be granted promotion on the basis of the provisional list prepared by the respondents and as such they have knocked door of this Court for redressal of their grievance. 4. Mr. Indrajit Sinha, learned counsel appearing on behalf of the petitioners submits that inter-se seniority of the candidates should be determined on the basis of their merit position as per the list prepared by the Jharkhand Public Service Commission. This is also evident from Clause-7 of the appointment letters which has been brought on record vide Annexure-2 Series clearly mentions that the seniority of the candidates will be on the basis of merit position. Jharkhand Primary School Recruitment Rule, 2002 is totally silent about the criteria for fixation of inter se seniority between the candidates and as such for the purpose of promotion, the terms of appointment letter will be applicable which clearly speaks about consideration of inter se seniority on the basis of merit position finalized by Jharkhand Public Service Commission. Learned counsel submits that in similar facts of case office of the District Superintendent of Education, Ranchi, vide its order under Memo No. 4175, dated 30.12.2016, has granted promotion amongst the direct recruits on the basis of their respective date of joining ignoring the merit position secured by them in the list prepared by the Jharkhand Public Service Commission and as such, petitioners have a reasonable apprehension that the persons junior to them may be granted promotion on the basis of the provisional list prepared by the respondents and as such, the impugned letter and gradation list dated 25.10.2016 may be quashed and fresh seniority list may be prepared on the basis of the merit list prepared by JPSC. Learned counsel has heavily relied upon the decision of the Hon’ble Apex Court passed in the case of P. Srinivas Vs. M. Radhakrishna Murthy and others [ (2004) 2 SCC 459 ] and submits that it has clearly been held that the inter se ranking and consequent inter se seniority cannot be disturbed and rights flowing from such ranking cannot be denied merely because there was some delay in joining. While allowing the said appeal, the appellant in the said case was directed to be placed higher in the seniority list as per the merit list prepared at the time of joining. 5. Per contra counter affidavit has been filed by the respondents. Ms. Shweta Singh, AC to learned SC-I submits that it is well settled that inter se seniority is decided on the basis of date of joining of the employee. Petitioners have joined on different dates and their seniority have been decided on the basis of their respective date of joining to the post. By referring para-11 of the counter affidavit submits that as per Rule-8 of Bihar Taken Over Elementary School Teachers’ Promotion Rule, 1993, the inter se seniority in the same grade shall be decided as per the date of getting the said grade. Accordingly, the date of getting lowest grade shall be the basis and accordingly date of getting lowest grade wherever required, shall be the basis. Further, in case of date of getting the grade is same, the date of birth shall be the basis. In case of date of birth being the same, in that case inter-se seniority shall be determined according to the alphabetical order of their names in Roman Script. Learned counsel submits that on the basis of Rule 8(i) of Bihar Taken Over Elementary School Teachers Promotion Rule, 1993, the provisional seniority list of teachers for promotion in Grade-IV has been prepared on the basis of their date of joining. Learned counsel further submits that the inter se seniority can only be decided on the basis of rules of promotion Rule, 1993 on the basis of their date of joining to the post only. If name of a candidate falls in higher position in the merit list but he or she did not join the service, his name cannot be placed above than those who have joined earlier. If name of a candidate falls in higher position in the merit list but he or she did not join the service, his name cannot be placed above than those who have joined earlier. Learned counsel submits that this writ petition has no merits and is fit to be dismissed. 6. Be that as it may, I find that petitioners have a good case and the writ petition is fit to be allowed. While considering inter se seniority of the petitioners and others, the respondents have erred in not considering the merit list prepared by the JPSC at the time of their selection and appointment. The Hon’ble Apex Court, in the case of Chairman, Puri Gramya Bank v. Ananda Chandra Das reported in (1994) 6 SCC 301 has held in para-2 as under: “2. This appeal arises from the judgment of the High Court of Orissa in OJC No. 1007 of 1988, dated 4-3-1992. The respondent and others were selected by direct recruitment as managers of Rural Bank. His rank was No. 9 in the merit list. He was directed to be given seniority on the basis of the date of his reporting to duty. It is reported that the first respondent is dead. The only question in this case is that what shall be the ranking among the direct recruits? Is it the date on which they joined duty or according to the ranking given by the Selection Board? On comparative evaluation of the respective merits of the candidates for direct recruitment, the Board has prepared the merit list on the basis of the ranking secured at the time of the selection. It is settled law that if more than one are selected, the seniority is as per ranking of the direct recruits subject to the adjustment of the candidates selected on applying the rule of reservation and the roster. By mere fortuitous chance of reporting to duty earlier would not alter the ranking given by the Selection Board and the arranged one as per roster. The High Court, is, therefore, wholly wrong in its conclusion that the seniority shall be determined on the basis of the joining reports given by the candidates selected for appointment by direct recruitment and length of service on its basis. The view, therefore, is wrong. The High Court, is, therefore, wholly wrong in its conclusion that the seniority shall be determined on the basis of the joining reports given by the candidates selected for appointment by direct recruitment and length of service on its basis. The view, therefore, is wrong. However, we need not interfere with the order, since the first respondent has died.” In light of the order passed by the Hon’ble Apex Court in the case of Chairman, Puri Gramya Bank (Supra) similar view has been taken in the case of Suresh Chandra Jha Vs. State of Bihar and others reported in (2007) 1 SCC 405 . In the case at hand, although there does not exist any statutory rule but the practice of determining inter se seniority on the basis of the merit list has been evolved on interpretation of the rules. A select list is prepared keeping in view the respective merit of the candidates. Not only appointments are required to be made on the basis of such merit list, seniority is also to be determined on that basis. The settled seniority position should not be unsettled. The seniority list was already published after declaration of result by the JPSC and as such, the respondents are bound to follow the said seniority without disturbing the same which may prejudice someone. 7. As a cumulative effect of the aforesaid facts and circumstances as well as judicial pronouncements, the impugned letter dated 25.10.2016 (Annexure-4) is hereby quashed and writ petition is allowed. The respondents are directed to publish fresh seniority list on the basis of inter-se seniority of direct recruits prepared and determined on the basis of merit position as per list prepared by Jharkhand Public Service Commission at the time of appointment. Let the entire exercise be completed within a period of eight weeks from the date of receipt of a copy of this order.