D. P. Wadhwa, J. - (1.) Leave granted.
(2.) Appellant is aggrieved by the judgment dated September 24, 1997 of the Division Bench of the Punjab and Haryana High Court dismissing his writ petition wherein he had claimed seniority as Assistant Director (Industries) w.e.f. February 8, 1979. Appellant claimed to be senior to respondents who had been appointed Assistant Directors (Industries) in September, 1979. As per the seniority list dated January 25, 1996, appellant has been shown to have held the post of Assistant Director (Industries) on October 25, 1982.
(3.) Appellant was appointed Assistant District Industries Officer (ADIO) on September 26, 1975 in the pay scale of Rs. 300-25-600. At that time pay scale for the post of Assistant Directors (Industries) was Rs. 350-25-500-30-590/30-830/35-900. Service conditions of ADIO and Assistant Directors (Industries) at the relevant time were governed by the Punjab Industries Service (State Service Class-II) Rules, 1966. Post of Assistant Directors (Industries) was a promotional post from the ADIO. Method of recruitment to the post of Assistant Directors (Industries) was as under: "Method of Recruitment.- Recruitment to the service shall be made in the following manner:- (a) In the case of Deputy Director, Community Project Officer (Industries), Project Officer (Industries), Marketing Officer (Emporia Organisation), by promotion from amongst the Assistant Director, Assistant Controller of Stores, District Industries Officer, Store Inspection Officer, Purchase Officer (Emporia Organisation), Textile Officer (Marketing) and Textile Officer (Development) having at least five years' experience as such. (b) In the case of Assistant Director, Assistant Controller of Stores, District Industries Officer, Store Inspection Officer, Purchase Officer (Emporia Organisation), Textile Officer (Marketing) and Textile Officer (Development).- (i) by direct appointment on the basis of selection made through a competitive examination to be held by the Commission. An official serving in the Industries Department shall also be eligible to sit in such examination, subject to his availing the three chances in addition to those which might have been availed of by him as a direct candidate before his joining the service, provided that- (1) he fulfils the minimum qualifications specified for the posts in Appendix 'B' to these rules; (2) he has not attained the age of thirty-five years; (3) he has not less than four years' service in the Department on the first day of January next preceding the last date fixed by the Commission for the submission of applications; (ii) by promotion from amongst the Assistant District Industries Officers, Development Officers, Planning-cum-Survey Officers, Assistant Marketing Officer (Emporia Organisation) having at least five years' experience as such: Provided that fifty per centum posts shall be filled in by method specified in Clause (i) and fifty per centum posts shall be filled in by method specified in clause (ii)." ;