S.P.GOYAL,J. - (1.) The petitioners 7 in number were appointed as Inspector of Factories during the period from August 11, 1971 to 1973. Their service conditions are governed by the Punjab Labour Service (Class I and II) Rules, 1955 (For short, called the Rules). Two ex-cadre posts, viz. Inspector of Factories (Civil Engineering) and Inspector of Factories (Chemical Engineering were created by the Government as is evident from Annexure P-7 sometime in the year 1970 and respondents Nos. 3 and 4 were appointed against those posts in the month of June, 1971. A provisional seniority list of the inspectors of Factories was circulated on February 26, 1974 and the petitioners were shown juniors to respondents Nos. 3 and 4 as they were taken in service after them. The petitioners made a representation which it appears was accepted and the final seniority list, Annexure P-1, dated October 15, 1974 was drawn In which they were shown at Nos. 4 to 10 and in paragraph 2 it was stated that the ex-cadre posts of Inspector of Factories (Chemical Engineering) held by R. K. Madan (respondent No.3) and Inspector of Factories (Civil Engineering) held by Surjit Singh Gill (respondent No. 4) are hereby brought on the cadre of Punjab Labour Service (Close I and II) and their seniority for purposes of promotion only will be after serial No. 10. It appears that aggrieved by order, Annexure P-1, fixing their seniority respondents Nos. 3 and 4 made a representation to the Government who looking to the hardships caused to them brought the ex-cadre posts into the cadre and made them permanent vide Annexure P-3, dated December 29, 1975. Later on, vide notification Annexure P. 4. dated, September 11, 1978, the Rules were amended retrospectively with effect from February 12, 1970 so as to make graduates in Civil and Chemical Engineering eligible for appointment as Inspector of Factories.
(2.) One post of Deputy Chief Inspector of Factories fell vacant with effect from November 1, 1978 which was to be filled by way of promotion from amongst the Inspector of Factories. As respondents Nos. 3 and4 had become eligible for appointment as Inspector or , factories to the cadre posts on the date they were appointed as Inspector of Factories (Civil Engineering) and (Chemical Engineering), the Government was of the view that their appointment stood regularised retrospectively and they were senior to the petitioners for the purposes or promotion to the said post. The petitioners consequently died this petition under Article 216 of the Constitution of India for issuance of a writ of mandamus restraining the Government from treating respondents Nos.3 and 4 senior to them.
(3.) The petition has been opposed both by the State as well as by the private respondents. In the written statement filed by the State, the position taken is that the posts of Inspector of Factories (Civil and Chemical Engineering) have been included in the cadre posts from the date of their creation in 1970 and, therefore, respondents Nos.3 and 4 were senior to the petitioners because of their length of service. The private respondents have, on the other hand, taken the position that it is incorrect that they were appointed against ex-cadre posts and in support thereof felled on their appointment letter. Annexure R-3/1. It has been admitted that they were shown junior in the seniority list Exhibit P-1, but it has been pleaded that upon their representation the posts hold by them were made permanent and the rules laying down the qualifications were amended retrospectively so as to regularise their appointments from that date. It was also pleaded that by virtue of the length of their service, the Government has rightly treated them senior to the petitioners.;