Grover, J. - (1.) This is an appeal by Special Leave from a Judgment of the Punjab and Haryana High Court. One of the main points relates to the interpretation of Rule 7A of the Punjab Service of Engineers (Electricity Branch) (Conditions of Service) Rules, 1939 (hereinafter called the Rules).
(2.) The facts may be set out. On April 10, 1948 Respondent No. 21 Pritam Singh was appointed as an Apprentice Engineer (Electricity Department). On February 28, 1949, he was appointed as an Assistant Engineer Class II. On November 19, 1952, he was confirmed as an Assistant Engineer Class II, Respondents Nos. 3 to 17 (wherever the word Respondents is used hereafter it will refer to them and Respondent No. 20) joined as Assistant Engineers Class II and were admittedly confirmed after Pritam Singh was confirmed. In July, 1953 Respondents Nos. 3 to 9 with the exception of Respondent No. 6, K. S. Bharadwaj, who came on integration from the erstwhile PEPSU State, were selected and appointed as officiating Assistant Engineers Class I (Junior). This was done in consultation with the Punjab Public Service Commission. In September, 1953, Respondents Nos. 10 to 13 and in March 1954 Respondents Nos. 14 to 17 and Respondent No. 20 were similarly selected and appointed as officiating Assistant Engineers Class I ( (Junior). According to the present appellant, Pritam Singh was also considered for selection and promotion on all the three occasions but was superseded on the ground of unsuitability. It is alleged that no representations were made by him against his supersession. Respondents Nos. 3 and 4, R. D. Gupta and T. S. Virdi were appointed as officiating Executive Engineers on 14 -10-1955 and 5-11-1955 respectively. They were confirmed as Executive Engineers on June 13, 1961 with effect from 7th February, 1958 and September 18, 1960.
(3.) On April 10, 1956, Pritam Singh was selected and appointed as an officiating Assistant Engineer Class I (Junior). On July 15, 1956, he made a representation for the first time against his supersession and loss of seniority. This representation was rejected by the Government in September, 1956. On November, 1956 the erstwhile States of Punjab and PEPSU were merged and the new State of Punjab was constituted under the provisions of the States Re-organisation Act 1956. Punjab Service Integration Rules 1957 were framed under Article 319 of the Constitution. A joint seniority list was prepared and according to the appellant, it was circulated in the year 1958. It was, however, not gazetted until April 29, 1956 owing to various objections and other matters which had to be decided by the Central Government.;