Rajendra Nath Mittal, J. - (1.) THIS judgment will dispose of Civil Writ Petition Nos. 1078, 1116, 1804, 1639, 1640 and 3288 of 1978, which contain the same question of law. The facts in the judgment are being given from civil writ petition No. 1078 of 1978.
(2.) THE case of the Petitioners is that the Director of Food and Supplies Department, Punjab (Respondent No. 2) invited applications for direct recruitment to the posts of Sub -Inspectors in the Food and Supplies Department. In response to the advertisement, the Petitioner submitted/his application in March, 1971. He was asked to appear in a written test. He qualified that test and thereafter he was asked to appear for interview in the office of the District Food and Supplies Controller, Jullundur. Then he was offered the post of a Sub -Inspector in the office of Respondent No. 2, - -vide order, dated June 12,1971 (Copy Annexure P. 4). The conditions of service of the Petitioner in that Department, are governed by the statutory rules known as the Punjab Food and Supplies Department (State Service Class III) Rules, 1968 (hereinafter referred to as 'the Rules'). Later he was promoted to the post of Junior Analyst, - -vide order, dated January 21, 1975. It is further averred that during the period from 1971 to 1977 various seniority lists were circulated by Respondent No. 2 and in all the lists the seniority of the Petitioner had been shown on the basis of his continuous length of service, from the date of appointment, i.e., June 12, 1971. Respondent No. 2, - -vide order, dated February 14/15 1978, appointed him on regular basis with effect from January 1, 1973, wherein it has been stated that his seniority would be determined in accordance with Chief Secretary's instructions, dated January 29, 1973. With effect from January 1, 1973. The Petitioner has challenged the aforesaid condition inter alia on the ground that according to the Rules his seniority has to be determined from the date of his continuous appointment in the service and not from the date of regularisation in the service.
(3.) THE writ petition has been contested by the Respondents who inter alia pleaded that in the first instance the Petitioner was appointed on ad hoc basis. It is further stated that the date for the fixation of his seniority would be from January 1, 1973, i.e., the date with effect from which he has been regularised.;