R.S. Mongia, J. - (1.) The proposition of law as to whether the continuous service rendered by an officer on officiating basis against a post meant for a direct recruit can be counted for the purpose of seniority when that Officer is promoted to the post in the promote quota, has already been answered by the Apex Court in case A.K. Subraman and ors. v. Union of India and ors., 1975(1) S.L.R. 380, that such a period of officiation cannot be counted for the purpose of seniority.
(2.) The question that arises in the present case is that while applying the above-mentioned principle of law, whether on facts Jagdish Singh Gill respondent was junior or senior to Karnail Singh writ-petitioner as Divisional Soil Conservation Officer in the Agriculture Department of the State of Punjab. The learned Single Judge vide his judgment dated 29th March, 1985, held that Jagdish Singh Gill was senior to Karnail Singh Dissatisfied with the judgment of the learned Single Judge, Karnail Singh, writ-petitioner has filed the present Letters Patent Appeal.
(3.) The facts of the case are that Karnail Singh writ-petitioner (now appellant) joined service in the Agriculture Department of the State of Punjab on 17th January, 1958, as Agricultural Inspector, a Class III post in the Punjab Agricultural Service. On his selection as a direct recruit by the Punjab Public Service Commission (hereinafter called the Commission), he was appointed as an Assistant Soil Conservation Officer (a Class-II post) on 21st September, 1964, and was confirmed as such with effect from 11th June, 1968.;