(1.) THIS is a petition of writ under Articles 226 227 and 311 of the Constitution of india praying that an appropriate writ in the nature of certiorari or mandamus be issued quashing the orders passed by respondents 1, 2 and 3 as per Annexures K and N. It is also prayed that the authorities be directed to restore the petitioner to his original position rank and status in the Govt. services and also his seniority as per original seniority list There was also a prayer that the respondents be directed to produce personal files of the petitioner as also of Jaswant Sigh and Bahadur singh respondents 4 and 5 and other records specified in the last paragraph of the petition. The petitioner who at the time of presenting the petition was Divisional Inspector wild Life, Amritsar had joined the department of Game Preservation in Punjab at lahore in the year 1947 before the partition of the country. He was posted as game Inspector Wild Life in 1947 in the scale of Rs. 80-5-120/5-140 with effect from 1st of August, 1947 (vide Annexure A ). Prior to this appointment, the petitioner had served the Indian Army as a Hawaldar Clerk from 11th of november. 1941 till 12th of November 1946 for a period of five years and two days (vide Annexure B ). Under the rules, the period of war service was to be counted towards his service in the department and its benefit had been granted to him towards the fixation of his seniority pay etc. On this basis, the petitioner claimed that he should be deemed to have joined the duties as Game Inspector on 29th of July, 1942. The petitioner, however, was allowed war service benefit for the period commencing 11th November, 1941 to 31st March, 1946, in all four years, four months and twenty-one days; and on this basis, his date of appointment would be deemed 11th of March, 1943 after adding four years, four months and twenty-one days to the date of his actual appointment. On the question of petitioner's seniority, the decision was taken after a considerable time and the orders of the Government were conveyed to him on 19th of May 1954 by the Deputy Secretary to Government, Punjab. A seniority list of Game Inspectors was issued by the Government on 19th May 1954, after considering the representation of the petitioner (vide Annexure C ). After allowing him the war service concession in the fixation of seniority, his name was placed at No. 1 among 12 Game Inspectors.
(2.) IT may be stated that the department was made permanent with effect from 1st of January, 1946 and formerly it was only temporary and, therefore, there were no permanent posts of Game Inspectors in the department prior to 1-1-1966 The seniority list was again revised by the Government vide memorandum dated 18th april, 1955 after considering the representation of Ved Parkash. Game Inspector and the petitioner was placed at No 4, one Kuldip Singh at No 5 and the contesting respondent No. 4 Jaswant Singh at No 6 (vide Annexure D ).
(3.) THE petitioner was selected for the post of a Selection Grade Inspector in the scale of Rs. 120-8-160/8-200 with effect from 1st April, 1955 Under orders of the government of Punjab Game Preservation Department the petitioner along with one Kuldip Singh was selected to the two posts of "selection Grade" vide Annexure e. With effect from 21st of February 1957 the petitioner earned a further promotion as Divisional Game Inspector in the grade of Rs 140-10-200/10-300 vide Annexure F.