CWP(T) No. 6888/2008 18.08.2010 Present: None for the petitioner. Mr. R. K. Sharma, Sr. Addl. A.G. with Mr. R. M. Bisht, Dy. A.G. for the respondents. On 17.8.210, none appeared inspite of repeated calls hence the matter was adjourned for today. Even today, none has appeared inspite of repeated calls. The petitioner has prayed for following relief:- “(i) Respondents may kindly be directed to regularise the applicant w.e.f. i.e. from the date his juniors respondents no.3 & 4 were regularised.” In the reply, the respondents have clarified as under:- “Para No.3. In reply to this para, it is submitted that no person junior to the applicant has been regularised by respondent. The applicant who is still working as daily wage beldar has no right to claim seniority over respondent No. 3 & 4 who were regularised as per the policy of the Govt. during 1999. It is worth while to mention here, earlier a seniority list was issued by the Collector Forest, Nahan (Refer Annexure-A-I) Where in the name of applicant appeared at serial No.3 on the circulation of this seniority list Respondent No. 3 & 4 S/Sh. Bhushan Lal and Wahid Ali had represented that they are senior to the applicant as they have been engaged w.e.f. 15.12.88 instead of wef. 9/9/89 & 15/9/89 as shown in this list. Accordingly the record was rechecked and it was found that they are senior to applicant. Revised seniority list is attached as Annexure R-I. In this list, the applicant appears at Sl. No.5 where as respondent No-3&4 appear at Sl. No-2&3 respectively. Respondent No.-3&4 working since 15/12/88 where as the applicant was engaged wef. 1/4/89. Detail of working days of respondent No.3 & 4, applicant & two others is attached as Annexure R-II for kind perusal of this Hon’ble Tribunal. In view of the above position this OA is not maintainable & may bindly be dismissed in limine. Para No.6(II)(b) Admitted to the extent that vide Annexure A-2, Pr. Chief Conservator of Forests conveyed the sanction of the State Govt. for creating 613 posts of class-IV employees for regularization of those daily wager who has completed 9 year as on 31./3/1998. Out of these 613 posts, 113 posts were created in Nahan Circle as mentioned in Annexure A-3 of OA. Further, out of these 113 posts, 4 were meant for Settlement Unit Nahan i.e. 4 daily wage worker were to be regularised in the office of Collector Forests Nahan. It is not correct to state that applicant of seniority list at serial No.3 has been ignored. The seniority list for the year 1996 has been revised in the year 1998 on the representation made by respondent No. 3 & 4. The applicant did not ignore, the applicant nor any person junior to the applicant has been regularized. The respondent No. 3 & 4 have been working in this Unit since 15/12/1988 instead of 9/9/1989 and 15/9/1989.” Private respondents No. 3 and 4 are admittedly senior to the petitioner hence no relief is maintainable in the petition. Accordingly, the petition stands disposed of. ( Sanjay Karol ), Judge. August 18, 2010 (vt)