An order to this effect came through after a Division Bench, comprising Justices M B Ghodeswar and S B Mhase, took a serious cognizance of the proposition that the State `willfully suppressed' the presence of a final seniority list -- prepared in 1987 -- in its submissions when the issue was contested, from time to time, either before the Maharashtra Administrative Tribunal (MAT) or the HC bench.

The Bench was hearing a writ petition (903/98) against the MAT's order of February 6 that set aside the final seniority list prepared by the department on September 9, 1997.

Petitioners ArunGovind Deshpande, Anil Shankar Pant and Vijay Govind Fukey -- all departmental promotees -- have argued that by setting aside the list in subject and seeking a fresh seniority list within the next six months, the MAT order has directly affected their promotional chances.

With as many as 27 vacancies of the Joint Registrar cadre yet to be filled, the matter has apparently evoked considerable interest in the department circles.

For long, there has been a tug of war between the departmental promotees -- those elevated from the post of Assistant Registrar to that of District Deputy Registrar (DDR) -- and the direct recruits, after the process of direct recruitment was introduced in the early 80s.

According to the petitioners, a provisional seniority list of Joint, Deputy and Assistant Registrars was prepared on January 27, 1983. Pending finalisation of this list, the department went ahead to seek permission for operating a working seniority list and the same was granted on April 17, 1984.

Most of thepromotions and direct recruitments effected from time to time on the basis of this working list, became a matter of litigation either in the MAT or the HC bench.

Following one such legal tussle, the department on July 14, 1997, published a fresh seniority list (showing status as on January 1, 1995) of Class II and I officers. The petitioners argued that this list pushed them down in the order of seniority as against the direct recruits and preferred a litigation. Once again a fresh final list of seniority was published on September 16, 1997, restoring the position of the petitioners.

However, some direct recruits, aggrieved by the step, moved the MAT which quashed and set aside the final seniority list of September 16, 1997, through its order on February 6 this year. Thus, leading to yet another round of legal battle in the high court.