IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13579 of 2000 MRITUNJAI KUMAR Versus THE STATE OF BIHAR & ORS ----------- 8. 21.08.2008 Heard the learned Counsel for the petitioner and the learned Counsel for the State. No one has appeared on behalf of the private respondents despite valid service of notice. The controversy in the present case is now confined only to the issue if the petitioner is entitled to reckon his seniority as a Village Level Worker from 1994 when he was illegally denied appointment and persons below him in the panel came to be appointed or shall his seniority be reckoned from the date of his actual appointment in the year 1997 pursuant to the order of this Court in CWJC No. 650 of 1995. Under an advertisement of 1990 a panel was prepared which was a non starter, petitioner was named therein. A fresh panel was prepared in 1994. When he was denied consideration under this panel he came to this Court in the aforesaid writ application. The respondents contended that he did not appear for the interview. This Court after calling for the records was satisfied that in fact no call for fresh interview was sent to the petitioner. This Court therefore directed that his case should be considered for appointment. He was then appointed on 21.7.1997. His claim for seniority has then been rejected by an order dated 16.10.2000 at Annexure ‘A’ to the counter affidavit. The impugned order in very emphatic term seeks to take advantage of the lapses committed by the respondents themselves. It is they who denied him appointment. His eligibility is not in dispute. That he was in the original panel which proved to be a non-starter is not in dispute. That no information for interview for the fresh panel in 1994 was given to him stands affirmed by this Court which findings of fact has attained finality. The law stands well settled that if a person has been illegally denied appointment, he is entitled to compute his seniority from the date that his juniors may have been appointed ignoring his candidature, AIR 2000 SC 3238 (Sanjay Dhar Vs J & K Public Service Commission & another). The Court holds that the petitioner is entitled to count his seniority from the date that his juniors came to be appointed on 19.12.1994 and not from the date of his appointment in 1997. Let his seniority be fixed appropriately and necessary orders in respect thereof be issued within three months from the date of receipt and/or production of a copy of this order. The writ application stands allowed. The claim for back wages is denied since he has not worked for the period. Snkumar/- (Navin Sinha,J.)