M.M. Kumar, J. - (1.) These appeals under Clause X of the Letters Patent are directed against order dated 15.7.1997 vide which the learned Single Judge allowed Civil Writ Petition Nos.4228 and 3455 of 1981 filed by respondents B.L.Goyal and K.L.Munjal and ordered reframing of their seniority vis -a -vis the appellant.
(2.) The principal controversy in this case revolves around the true import of the circular letter Nos. 3068 -40 SI.64/10930 dated 6.4.1964 (Annexure R/6) and 64441 -Br. II(2) -64/16837 dated P.7.1964 (Annexure R/1). The circular letter dated 6.4.1964 was issued by the Chief Secretary, Punjab, with a view to encourage the engineering students to volunteer for short service Regular Commission in the Army in the wake of Indo -China Conflict which came to be known as University Entry Scheme. The Government decided that pre -final and final year students of the Engineering Colleges in Punjab would be appointed as Temporary Assistant Engineers from the date of grant of provisional short Service Regular Commission and they would be deemed to have joined the military duty from the afore mentioned date. The circular letter dated 6.4.1964 relaxed the qualification of degree in favour of persons appointed as Temporary Assistant Engineers on the grant of provisional Short Service Regular Commission. Some changes were incorporated in the policy of the State Government vide another circular letter dated 17.7.1964 because the previous circular did not elicit the desired response. For the sake of convenience, the relevant portion of circular dated 17.7.1964 is extracted below" "Sub: Incentive for final year students of Engineering Colleges in Punjab who joined military service during the present emergency. As you are aware due to the present emergency the Army authorities require a good number of Engineer in Commissioned ranks. It has been observed that there has been poor response from the Engineers of Punjab State for Emergency Commission. In order to attract more Engineers to join military Service, Government have found it necessary to provide some incentives to final years students of the Engineering College in the Punjab State. To achieve this end, it has been decided that Engineering Students who are selected for Commission during their studies should be formally appointed as T.A.Es. In Punjab PWD from the date of their passing the final year examination or the date from which they get emergency Commission, whichever is later. This will provide them sufficient security of absorption in State Civil Service after their demobilization from military service. In order to implement this decision, appointment of such candidates as T.A.Es. in Punjab P.W.D. B&R has been taken out of the purview of the Punjab Service Commission as per Home Department Notification No. GSR -12/Const. Art./320/64 dated 27th May, 1964. (copy enclosed). You are, therefore , requested to apprise the principal of all Engineering Colleges in Punjab of this concession so that it is brought to the notice of final year students and they are persuaded to apply for the emergency commission during the present emergency. The particulars of those Engineering Students who have already joined the military service and have since passed final examination should also be obtained so that the matter may be taken up with the military authorities in order to apprise the candidates concerned of the aforementioned concession and in case they are willing to be absorbed in Punjab PWD their option with regard to the particular branch of PWD which they have presence be obtained."
(3.) In view of the above, the only question for determination in these appeals before us is as to what should be the date of appointment of appellant which would determine his inter -se seniority with others like the private respondents in the Haryana Service of Engineers Class I/Class II Service. For the purpose of deciding the issue, we are made to notice the facts from Letters Patent Appeal No. 86 of 1999.;