Rajendra Nath Mittal, J. - (1.) This writ petition has been filed by Gurcharan Singh petitioner for quashing the order of the Commissioner dated Jan. 6, 1971.
(2.) Briefly the facts are that the petitioner was working as a Second Master in Gandhi Memorial National High School, Ropar (hereinafter referred to as the School) He was appointed or that post on Dec. 28, 1966 and confirmed on April 1, 1967. He left the service of the School on Aug. 20, 1967. Later, it is alleged that on Sept. 21, 1967, he made an application praying that he be allowed to join the School on the previous pay and terms without any break in service and that the intervening period of absence be treated as leave without pay. The Manager of the School appointed him as a teacher and ordered that there will be no break in his service.
(3.) It further averred by the petitioner that Mrs K K. Gupta respondent No. 3 was appointed as Second Mistress on Aug. 20, 1967 It is further alleged that Mr Lal Chand Gupta Manager of the School, respondent No 2 sent a note dated Aug. 29, 1969, to the Head Master of the School respondent No. 4 direction him to the place respondent No. 3 senior to the petitioner He having felt, aggrieved that order filed an application before the Deputy Commissioner against the Punjab Aided Schools (Security of Service) Act, 1969 (hereinafter referred to as the Act) who came to the conclusion that the order amounted to reduction in rank of the petitioner and was thus the order the previous of Sec. 3 of the Act. Consequently he ordered that the petitioner be treated as Second Master. Respondent No , that up in appeal before the Commissioner, Patiala Division who reversed the order of the Deputy Commissioner, and held that respondent No .3 had rightly been held to be Senior to him by the management. the petitioner has challenged his order through this writ petition .;