- (1.) Satwant Singh Sandhu, Appellant passed his B. Sc. Engineering from the Punjabi University in 1964. After completing his studies he applied for a job to the various institutions and authorities and obtained employment in the Irrigation and Power Department of the Punjab Government on November 23, 1965. The Punjab State Electricity Board advertised for the posts of Assistant Engineers, Class II (Civil) and the Petitioner also applied for one of those posts. He was interviewed and selected. He joined his post on November 3, 1967.
(2.) The Punjab State Electricity Board framed regulations for the service of Engineers (Civil) known as the Punjab State Electricity Board Service of Engineers (Civil) Recruitment Regulations, 1965. Regulation 6, in so far as it is relevant, reads as under: 6. Recruitment to the Service shall be made by any of the methods indicated below as the Board may determine in each case: (a) In case of posts of Assistant Engineers, Class II. (i) By direct appointment. (ii) By promotion as provided in Regulation 9. (iii) By transfer of an officer already in the service of a Government or any other State Electricity Board or an Undertaking of Government. In 1968, the Punjab State Electricity Board was in need of some experienced Civil Engineers and asked the Chief Engineer (Drainage) of the Punjab Irrigation Department to enquire from its temporary Engineers if any of them was willing to be transferred to the Service of the Board. The Irrigation Department furnished to the Secretary of the Board a list of 32 Engineers who had given their consent for such transfer by letter, dated May 16, 1968. The records of those Engineers were also, sent to the Board along with the letters. The Board selected 9 Engineers out of 32, whose names were sent, and requested the Chief Engineer (Drainage) to ask the selected candidates to submit their unqualified acceptance in writing for appointment as Assistant Engineers, Class II in the Service of the Board within a fortnight on the following terms and conditions: (1) That they would get their own pay which would be fixed in the pay-scale of Assistant Engineer, Class II (Civil) in the Punjab State Electricity Board which is Rs. 350-25-450-30-600-EB-40-800, under the normal rules. (2) Their seniority as Assistant Engineers, Class II (Civil) under the Punjab State Electricity Board would be fixed after deducting one year from their service as temporary Engineer.
(3.) Out of the nine candidates selected only two accepted the terms of the Board and joined service. They ape Respondent 7 and 9. The Petitioner challenged the fixation of their seniority according to condition (2) of the offer set out above by filing a writ petition in this Court which was dismissed by a learned Single Judge, on April 17, 1970. The present appeal under Clause X of the Letters Patent is directed against that order.;