J. M. Tandon, J. - (1.) Ajit Singh petitioner joined Royal Indian Air Force on June 15, 1942, and was discharged on Sept. 30, 1942, He again joined Royal Indian Navy on March 20, 1943 and was released on March 30, 1946. He was recruited as a Junior Clerk In Education Department and was posted as officiating Junior Clerk in Government High School, Fazilka, on Aug. 11/12, 1946. After the partition of the country, the services of the' petitioner were transferred to East Punjab. He was confirmed on Nov. 5, 1948.
(2.) During the Second World War, the Government of Punjab framed the Punjab Government Services (War) Amendment Rules, 1943 (hereinafter the War Service Rules). The operation of rule 3 of the War Service Rules was terminated with effect from Jan. 1, 1946, whereas' the remaining rules remained in force till Jan. 21, 1953. Rule 6 of the War Service Rules reads:- "Every candidate with War Service who is appointed to a Punjab Government Service shall be assigned a place in the Cadre of such services, which shall be fixed with due regard to his age and the period allowed to be deducted under Rule 5, and shall, as nearly as may be correspond with the place which he would have had if the war had not intervened and he had qualified in the normal way. The seniority inter se of all candidates so appointed to a cadre shall be determined by their ages irrespective of the class of War service rendered by each of them."
(3.) The petitioner was confirmed on Nov. 9, 1948, but with effect from May 18, 1943, by giving him the benefit 'of War Service Rules. He has been given the benefit of War Service in the matter of fixation of pay. He approached the authorities for grant of benefit in the matter of fixation of seniority in terms of rule 6 reproduced above which was declined on the ground that he had been appointed as an officiating clerk against a temporary vacancy and not against a permanent vacancy reserved for War candidates. The petitioner has consequently filed the present writ praying that the authorities be directed to give him the benefit of War Service towards the fixation of his seniority,;