Chopra, J. - (1.) CERTAIN identical questions are involved in the above -noted petitions under Article 226 of the Constitution. They have, therefore, been heard together and are disposed of by this order.
(2.) THE Petitioners were posted as Head masters (Gazetted) of High Schools at the time of formation of the Patiala and East Punjab States Union on 18 -8 -1948; Gurbachan Singh and Baldev Singh were employees of the erstwhile Faridkot State and Jai Bhagwan of the Jind State. On the formation of the Union, the Petitioners were integrated as Headmasters in the Pepsu Educational Service. By its resolution No. 52, dated 21 -12 -1950, the State Government decided upon a general formula and laid down principles to be followed for preparation of seniority lists, of the officers integrated in various departments of the State. The Government Resolution was duly published in the Official Gazette dated 14 -1 -1951. On the basis of the formula so laid down, the Pepsu Educational Service Integration Committee drew up a provisional seniority list of the officers integrated in PUES Class I and II. A copy of it was sent to each of the officers concerned, including the Petitioners, with the endorsement that objections, if any, to the position assigned to him in the list may be submitted within a period of fifteen days. The Petitioners took objections to the list and submitted their representations. The final list of the officers integrated in different classes of Educational Service, with effect from 1 -9 -1948, showing the order of their seniority, was prepared on 23 -9 -1954 and was duly published. Gurbachan Singh, Baldev Singh and Jai Bhagwan Petitioners were placed at Nos. 19, 20 and 23 respectively in the list of officers in PUES Class II, in grade 200 -400. A note was appended to this list saying that "since the number of posts in this cadre falls short of the number of persons integrated, the junior -most will be placed in the non -gazette grade of 150 -220". As the number of posts in this cadre was only sixteen, the Government, vide its order dated 24 -9 -1954, prepared a list of these officers in the order of their seniority as on 1 -9 -1954. Names of the Petitioners, who were junior in position, did not appear in this list, with the result that they were placed in the non -gazetted grade of 150 -220. They made representations to the Government but failed. In these petitions under Article 226 of the Constitution, the Petitioners pray for the issue of a writ of mandamus, or any other appropriate writ or order, directing the Respondents (i) to accept the Petitioners as Gazetted Headmasters in PUES Class II, and (ii) "to fix the Petitioners' seniority in accordance with the mandatory provisions of Ijlas -i -Khas Order No. 58 and the principles of natural justice." Ijlas -i -khas Order No. 58 was issued by His Highness the Maharajadhiraj of the erstwhile Patiala State on 18 -2 -1946, with a view "to prescribe a general set of rules for regulating seniority of State servants inter se in the different grades, cadres and classes of State service." The word "State" in this Order stands for the State of Patiala, and the rules laid down by the Order, which need not be reproduced, were apply to the Patiala State services. Reliance is next placed on Section 3 of the Pepsu General. Provisions (Administration) Ordinance, 2005 Bk., promulgated by the Rajpramukh of Pepsu in exercise of the powers conferred by Article 10(2) of the Covenant. The section relates to enforcement of the laws of Patiala State in the State of Pepsu, and its relevant portion reads as follows: 3. (1). As from the appointed day, all laws and rules, regulations, bye -laws and notifications made there under, and all other provisions having the force of law, in Patiala State on the said day shall apply, mutatis mutandis, to the territories of the State and all laws in force in the other Covenanting States immediately before that day shall cease to have effect: The "appointed day" means the fifth day of Bhadon, 2005 BK (18th August, 1948).
(3.) THE Petitioners case is: The Ijlas -i -khas Order had the force of law in Patiala State: the rules laid down by the Order became law for the State of Pepsu by virtue of Section 3(1) of the Ordinance: these rules could only be altered by legislature of the State of Pepsu and not by its executive and, therefore, the Petitioners' seniority should have been determined in accordance with those rules and not under the rules subsequently framed by the State Government. The contention is that if those rules had been observed, their (Petitioners') positions in the seniority -list would have been much higher than those allotted to them, and they would have been, in that case, entitled to the higher grade. In the alternative, it is urged that even according to the new rules they ought to have been shown senior to some of those placed above them.;