IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. (SS) of 444 of 2010 Sri Rajendra Singh Negi ….Petitioner Versus Divisional General Manager (Operation/Sanchalan) Uttarakhand State Road Transport Corporation, Kumaun Region, Nainital and others. …..Respondents Present : Mr. Manmohan Tiwari, Advocate for the petitioner. Mr. D. C. S. Rawat, Advocate for respondent nos. 1, 2 and 3. Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Mr. Manmohan Tiwari, Advocate for the petitioner and Mr. D. C. S. Rawat, advocate present for respondent nos. 1, 2 and 3. The petitioner is aggrieved by his inter se seniority list whereby he has been placed at Serial No. 88 whereas according to the petitioner he should have been placed at Serial No. 32. The contention of the petitioner is that though he was earlier placed at Serial No. 32 on the basis of seniority list dated 19.3.2010, subsequently the respondents have calculated his seniority not from 22.5.1980 but from 8.11.1982 i.e. the date he was given the substantive appointment and placed the petitioner at Serial No. 88 in the seniority list. The petitioner has relied upon Service Rules (Uttar Pradesh/Uttarakhand Karmachari Seva Niymawali 1981 (Different from Officers) particularly Regulation 31 (2) which says that while calculating the inter se seniority what will be considered will be the continuous officiation on the post. The counsel for the petitioner therefore argues that he has been continuing on the post since 22.5.1998. Here his seniority is not to be calculated from the date of substantive appointment as it is done in the case of Government Service in the State of Uttarakhand but on the basis of the rules/regulation which are applicable in his case. The petitioner specifically states that while calculating the seniority, it is the “continuous officiation” which has to be considered. Learned counsel for the respondents though points out that though the petitioner has not impleaded those private respondents who will be affected in case what is being sought by the petitioner is granted to him. The petitioner has definitely not impleaded any of the private parties. Therefore, this Court is not inclined to hear this matter. Nevertheless, based on the submission of the petitioner, the petitioner is directed to move an appropriate representation to the Divisional General Manager (Operation), Uttarakhand State Road Transport Corporation by apprising him entire regulations and rules as stated before this Court and the Divisional General Manager (Operation) after hearing the petitioner as well as all the concerned parties shall pass an appropriate order therein as expeditiously as possible but definitely within a period of three weeks from the date a certified copy of this order is produced before him. With the above observations, the writ petition is dispose of. No order as to costs. (Sudhanshu Dhulia, J.) 3.8.2011 Kuldeep