IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4687 of 2007 Sheela Sinha, wife of Sri Ashok Kumar Verma, resident of Mohalla Mohamadpur, P.S. Sultanganj, District Patna … Petitioner Versus 1. The State Of Bihar through Secretary, Secondary Education, Bihar, Patna 2. The Director Secondary Education, Bihar, Patna 3. The Regional Deputy Director of Education, Patna Division Bihar, Patna 4. The District Education Officer, Patna … Respondents ---------------------------------- 2. 18.8.2011 Having heard counsel for the parties and taking into account that the impugned order dated 20.2.2007 being in two parts, namely, rejecting the claim of payment of salary of the petitioner for the period 24.10.1983 to 9.10.1985 as also claim of seniority on the post of Assistant Teacher with effect from 24.10.1983, has been rejected by the respondents, this Court would hold that while there is no error in the first part of the order, inasmuch as if the petitioner’s first appointment made in the month of October, 1983 did not lead to acceptance of joining either on account of petitioner’s laches or on account of no vacancy, the interregnum period could not be regularized alike a Government servant continuing in service because such a person can claim benefit of getting such period regularized for the period of waiting for posting. The authority in fact has gone into this aspect at great length and has held in the impugned order that it was a largely on account of the conduct of the petitioner of insisting with her choice posting in Patna District only that her joining in terms of fresh appointment could not be accepted. It is true that the 2 petitioner has been able to demonstrate that in certain period when she had gone to join the post after re-allocation of posting, her such joining was not accepted on account of lack of sanctioned post but then by and large it is clear that the joining of the petitioner could not be accepted by the authorities only because she was insisting for her being posted in Patna District which she could ultimately manage after waiting for a period of two years. In that view of the matter, this Court would not find any merit in the first part of the claim of the petitioner for payment of salary for the period in which she had not worked in pursuance of her appointment letter issued in the month of October, 1983. That part of the impugned order of the authority, as contained in Annexure 1, must be and is hereby accordingly affirmed. The issue with regard to determination of seniority or the place of the petitioner in the seniority list, however, will have a different consideration inasmuch as the petitioner’s appointment was made on the basis of her selection undergone and the resultant merit list prepared thereunder. Thus even if the petitioner had not joined the post for one reason or another, she cannot be deprived of her place in the seniority list on the basis of her actual merit position in the select panel and therefore, the petitioner’s seniority among the list of Assistant Teacher of Patna Division shall have to be reckoned on the basis of her appointment letter issued in the month of October, 1983 and in the seniority list her name will rank below the teacher who had been placed above the petitioner in the 3 merit list of such selection and consequently the name of the petitioner in the seniority list will also be above such an Assistant teacher who in the same transaction had ranked below her in the merit list. Thus, the second part of the impugned order rejecting the claim of the petitioner of seniority cannot be approved and is accordingly set aside with a direction to Director of Secondary Education to reconsider the claim of the petitioner for fixing her seniority in the light of observations made in this order and ofcourse strictly in accordance with law. Such exercise must be completed by the competent authority within a period of six months from the date of receipt/ production of a copy of this order. The petitioner, if so advised may also file a representation confined only to the issue of fixation of her seniority and the Director, Secondary Education will take his decision by re- determining the seniority position of the petitioner within a period of six months from the date of filing of her such representation. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/