Kuldip Singh, J. - (1.) Ram Sewak Prasad, the petitioner before us, was appointed as Excise Sub-Inspector, in the State of Uttar Pradesh in February, 1964 and was promoted to the post of Excise.lnspector on ad hoc basis on February 24, 1972. He was confirmed as Excise Sub-Inspector by an order dated December 2, 1972 with affect from April 1, 1967. Though promoted on ad hoc basis the petitioner has continuously been working as Excise Inspector since February 24, 1972.
(2.) Raghubir Singh and Ram Dhan, respondents are direct recruits to the post of Excise Inspector. They joined as such on March 29, 1972 and May 14, 1972 respectively. They were promoted to the post of Excise Superintendent by an order dated September 29, 1982. It is not disputed that the petitioner was not considered for promotion along with the respondent or at any time thereafter. Even his name was not shown in the seniority list of Excise Inspectors circulated from time to time. The respondents, including the State Government, have taken the stand that the petitionet's promotion to the post of Excise Inspector was against the rules, he continues to be an ad hoc appointee and is not a member of the Excise Inspectors Service constituted under the rules. For that reason he has neither been shown in the seniority list of Excise Inspectors nor considered for promotion to the post of Excise Superintendent.
(3.) It is necessary to examine the relevant statutory rules regulating recruitment and conditions of service of the Excise Inspectors. Rules 3(ix) and 5 of the Uttar Pradesh Subordinate Excise Service Rules, 1967 (hereinafter called '1967 Rules') are as under: "3(ix). "Member of the service" means a person appointed in a substantive capacity under the provisions of these rules, or of rules in force previous to the enforcement of these rules to a post in the cadre of the service" "5. Sources of recruitment - Recruitment to the service shall be made- (a) by direct recruitment of candidates, on the result of a combined competitive examinations conducted by the Commission, who having been selected in the prescribed manner for undergoing practical training have completed the course of training and passed the departmental examination prescribed in rule 23: Provided that no candidate shall be allowed to avail of more than three chances for appearing at the competitive examination; b) by promotion of permanent clerks of the office at the Headquarters of the Excise Commissioner and other regional and Subordinate Excise Offices of Assistant Excise Commissioners and Superintendents of Excise in Uttar Pradesh; and (c) by promotion of permanent Tari Supervisors ;