Bal Raj Tuli, J. - (1.) The petitioner, Dr. Sohan Singh, joined the Punjab Civil Medical Service Class II (Gazetted) on July 15, 1940, and was promoted to Punjab Civil Medical Service Class I (hereinafter referred to as P. C. M. S. Class I), on July 20. 1962, Some doctors, who were members of the P. C. M. S. Class I, were given double war benefits which were later on withdrawn by the Government. As a result thereof, the date of promotion of the petitioner to P. C. M. S. Class I was altered to April 1, 1952, in which post he was confirmed with effect from April 1, 1954, by an order dated Nov. 30, 1964, by creating a supernumerary Post. He was further promoted to the Selection Grade on may 6, 1966.
(2.) Respondent 3. Dr. Harmel Singh, joined P. C. M. S. Class II in Faridkot State on Feb. 23, 1942, and when the Patiala and East Punjab States Union was formed by the amalgamation of the eight East Punjab States on Aug. 20, 1948, he was integrated as P.C.M.S. Class II in Pepsu. The Pepsu Public Service Commission invited applications for appointment to P.C.M.S. Class I, for which Respondent 3 also applied. He was selected by the Public Service Commission and was taken as a direct recruit in P.C.M.S. Class I in Pepsu on March 11, 1956, but because of his war service he was assigned assumed date of entry into P. C. M. S. Class I as Oct. 12, 1937, a date even prior to I the date of his oi nine service in Faridkot State in P.C.M.S. Class II. However, nothing turns on this assumed date because of advantage on that basis was given to him after the merger of the former States of Punjab and Pepsu with effect from Nov. 1, 1956. He was due to cross the Efficiency Bar in P.C.M.S. Class I at the stage of Rupees 1000,00 on may 23, 1966, but was not allowed to do so for one year by an order dated April 2, 1968. He was allowed to cross the Efficiency Bar with effect from may 23, 1967, by an order dated July 29, 1969. He was also promoted to Selection Grade by another order passed on the same date, with effect from may 21, 1969, and by still another order of the same date he was promoted as Director of Health Services in place of Dr. Kanwar Moti Singh who was due to retire early in Aug., 1969. The petitioner filed a representation against the promotion of Respondent 3 as Director of Health Services which has not yet been decided. He, therefore, filed the present petition in which two reliefs have been prayed for, firstly, that the seniority list circulated with the letter of the Director of Health Services, Punjab, dated Dec., 20, 1968, in which the petitioner has been shown below respondent 3 may be quashed, and secondly, that the order promoting respondent 3 to the post of Director. Health Services, may be set aside.
(3.) Written statements have been filed on behalf of Respondents 1 and 3 to which a replication has been filed by the petitioner and a further affidavit has been filed on behalf of respondent 1 to the replication.;