IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.430/02 Baijnath Sharma vs. State & Ors. Date of order : 24/11/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Arvind Kumar Sharma for the petitioner. Shri Hemant Gupta, Addl. Govt. Counsel for the respondents. ****** This writ petition has been filed with the grievance that even though the petitioner was appointed on the post of Teacher Gr.III, Zila Parishad, Sawai Madhopur but the respondents have not assigned him correct seniority in spite of direction of this Court. The petitioner earlier filed the writ petition which was allowed by the judgement dated 15.2.2000 with direction to the respondent to appoint him in terms of Circular dated 26.2.1991 and by giving him weightage of the experience certificate and if eventually he is found in merit, then appoint him on the post of Teacher Gr.III. In the normal course, the respondents ought not to have required the petitioner to approach this Court because when the appointment was based on the common merit, the name of the petitioner was liable to be placed above the candidate who was below him in the merit and accordingly the appropriate seniority should have been assigned to the petitioner. The respondents in the reply to the writ petition however have taken a different stand that since there was no direction of this Court to assign seniority to the petitioner, he was not assigned seniority above the person who was below him in the merit. This implies that the respondent assigned the seniority to the petitioner from the date of joining. Although the writ petition of the petitioner was allowed and the direction for his appointment was made with reference to the same selection process pursuant to which others were appointed. The writ petition is accordingly allowed. The respondents are directed to assign the petitioner seniority above the candidate who figured next / below him in the common merit list. Compliance of the judgement be made within a period of three months from the date copy of this order is produced before the respondents. (MOHAMMAD RAFIQ), J. RS/