IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3290 of 2002 RAJ KUMAR RAI @ RAJ KUMAR S/o of late Dukhan Rai, resident of Mohalla PS Malsalami District, Patna Versus . THE ADMINISTRATOR, Patna Municipal Corporation, PATNA ----------- 7 20.1.2009 Heard learned counsel for the petitioner and perused the relevant documents as well as the impugned gradation list contained in annexure-8. The gradation list has been prepared on the basis of date of entry into service on regular scale. Persons who entered on same date have been arranged in seniority as per their date of birth, older persons have been made senior. On behalf of the petitioner it has been submitted that seniority should have been reckoned on the basis of length of past service on daily wages. Entry into service on daily wages is without any selection or any fixed criteria whereas grant of regular scale is clearly on the basis of eligibility and other relevant considerations. Had past service been rendered on the basis of proper selection, that could have been considered but in the present case the respondents have rightly decided not to count service on daily wages for the purpose of seniority. This court finds no merit in this application. It is, therefore, dismissed. BKS (Shiva Kirti Singh, J.)