JUDGEMENT
Bal Raj Tuli, J. -
(1.) The petitioner obtained the Indian Dairy Diploma from the National Dairy Research Institute, Bangalore, in 1949 He worked for a few years at certain places in Uttar Pradesh and in 1953, was selected by the Government of India for a Travel Grant under the Colombo Plan. He was sent to Denmark where he underwent training in Dairy Farming. On the completion of the training he was granted a certificate in Danish Dairying by the Andal's Ostriet Sjealland. Thereafter he was sent to Holland for advanced trailing in dairy products which was a three months course. After completing that course, the petitioner was sent to England where he was given practical training In 'Cattle Management and Animal Husbandry Practices' for a period of one year on a dairy farm, which was affiliated to the Nottingham University. On the successful completion of that training he was admitted to the Faculty of Agriculture, Nottingham University, wherefrom he obtained Diploma in Dairying in 1956-57. Thereafter he qualified for the National Diploma in Dairying with Animal Health. Dairy Chemistry, Accountancy and Economics as his main subjects from the Royal Agricultural society, London, in 1957-58. In 1958, the petitioner qualified the Diploma in Agriculture from School of Husbandry In London. He was then deputed by the United Nations Development Agency to France, Switzerland, West Germany, Sweden and U.S.S.R. for Intensive training to various subjects relating to Animal Husbandry, Dairy and Agriculture. He was awarded a gold medal in 1959 for being the best participant in the group which visited U.S.S R. The expenses for all (his training, which the petitioner obtained out of the country, were met by the Food and Agriculture Organisation of the United Nations. He returned to India in Oct. 1959, and was offered an appointment at the Birla Dairy Farm, Pilani, as Dairy Superintendent. While working there the petitioner produced a cross breed cow which yielded 82 pounds of milk per day. Id recognition of the good work done at the Institute, the petitioner was awarded a prize of Rs. 5000.00. The late Sardar Partap Singh Kairon, the then Chief Minister of Punjab visited the Institute at Pilani while the petitioner was posted there. He, asked the petitioner to serve his parent State of Punjab and informed him that posts in the P.V.S. Class II were being advertised by the Punjab Government and the petitioner should apply for one of those posts. The petitioner submitted his application and was selected by the Punjab Public Service Commission. The offer of appointment was made to him some time in the month of April/May, 1962, in pursuance of which he joined on June 1, 1962, as Shift Manager at the composite Milk Plant, Amritsar, where he worked till March, 1965, and was thereafter transferred to the Modern Dairy at Hissar.
(2.) In 1966, the Punjab Government constituted the Dairy Development Corporation ana till regular recruitment of officers was made by that Corporation, various officers of the Government were sent on deputation to the Corporation. While the petitioner was working in that Corporation, reorganisation of the erstwhile State of Punjab took place with effect from Nov. 1, 1966, and the petitioner was provisionally allocated to the State of Haryana by an older dated Oct. 26, 1966, in the Animal Husbandly Department, The Commissioner for Agricultural Production ana Rural Development ana Secretary to Government, Haryana, Animal Husbandry Department, by his letter dated Dec. 7, 1966, informed the petitioner mat he had been required by the Central Government lo provisionally continue to serve in connection with the affairs of the State of Haryana with effect from Nov. 1, 1966. By letter dated Jan. 30, 1967, the petitioner informed me said Commissioner that he had learnt that the Director, Animal Husbandly, Haryana, had moved for cancellation on Ins allocation to Haryana Slate on the plea that he was attached with the Punjab Dairy Development Corporation. He explained that he was vent on acpuiauon to that Corporation and he intended to join his patent Department on April l, 1967, after completing one year in the corporation. He, therefore, requested that his allocation may be kept intact, in reply to me letter dated March 21, 1967, received from the Managing Director of Punjab Dairy Development Corporation Ltd., the petitioner informed the said Managing Director that he did not wish to continue in the Corporation and that the Haryana State Government may be asked to issue his posting orders as he had been allocated to the Haryana State of the President of India. He further slated that he was willing to serve on deputation. Ultimately the petitioner was relieved by the Punjab Dany Development Corporation Ltd. with effect from May 5, 1970. The Haryana Dairy Development Corporation had been established ana a representative of that Corporation took charge of the Modern Dairy, Hissar, where the petitioner was working on April 28, 1973 and two days later a letter was issued to the petitioner that he should deem to have been relieved with effect from May 5, 1973.
(3.) Immediately alter being relieved from the Punjab Dairy Development Corporation, me petitioner submitted his joining report to the Haryana State Government, Animal Husbandry Department, on May 7, 1973. The State Government aid not issue any posting orders to him till Aug. 9, 1973, on which date the State Government posted him as Cattle Development Officer in the Intensive cattle Development Project, Kamal, against a vacant post. Alter taking over that assignment, the petitioner submitted a representation dated Sept. 7, 1973, for being promoted to Class I Service, as had been done in the case of two other officers, who had remained on deputation with the Haryana Agricultural University. After some reminders, the petitioner was informed by letter dated Nov. 16, 1973, which was endorsed to him on Jan. 28, 1974, that he should exercise patience as the matter was under the consideration of the Government. On June 13, 1974, he was conveyed order dated May 19, 1974 informing him that the period of his service from May 7, 1973, to Aug. 9, 1973, would be treated as leave of the kind admissible under the rules. The matter of fixing the seniority of the petitioner and his promotion to Class 1 Service was not deemed by the State Government, but officers junior to him were being promoted. The petitioner has filed the present writ petition and prayed, inter alia, for the following reliefs:-
1. That a writ of mandamus be issued directing the respondents to fix the petitioner's seniority in H.V.S. Class 11 in accordance with the rules.
2. That a writ of mandamus be issued directing the respondents to consider the claim of the petitioner for promotion to Class I with effect from the date a person junior to him was promoted.
3. That this Court may be pleased to direct the respondents to pay the petitioner ail his arrears of salary etc. and to grant all other consequential reliefs to which he may be found entitled.
4. That the observation in the order dated May 19, 1974 (Annexure P-23, to the effect that the period from May 7, 1973, to Aug. 9, 1973, after which the petitioner joined as Cattle Development Officer, Intensive Cattle Development Project, Kamal, was to be treated as leave of the kind admissible to him as per rules, should be quashed and it may be declared that he was entitled to full emoluments for that period.;