- (1.) This is a joint petition on behalf of eleven petitioners who are serving in the office of the Director of Census Operations and Ex-Officio Superintendent of Census Operations Punjab. They were serving in the said office as Assistant Compilers. Their case is that they were promoted as Computers on ad hoc basis on the various dates shown against their names in paragraph 2 of the petition. Respondents Nos. 4 to 18 were appointed as Computers direct on the various dates as shown in the table appearing in paragraph 3 of the petition. On February 10, 1973, the statutory service rules which are called the "Office of the Director of Census Operations and Ex-officio Superintendent of Census Operations, Punjab (Class III and Class IV Posts) Recruitment Rules, 1973" (hereinafter referred to as the 1973-Rules) were brought into force. In these rules it was provided that an Assistant Compiler having three years service was eligible to be promoted to the post of a Computer. A quota was also fixed for recruitment to the posts of Computers. Fifty per cent of the posts were to be filled in by promotion of the Assistant Compilers; 25 per cent of the posts were to be filled in by direct recruitment and 25 per cent of the posts were to be filled in by appointment on transfer from other departments.
(2.) The petitioners allege that even though their appointment was made on ad hoc basis, the letters of appointment issued in their favour contained a clause that they may have to revert after finalization of recruitment rules for the post of Computer if they are found ineligible to hold that post; and even if their service was regularised at a later date, because of this regularisation they would be deemed to have been promoted as Computers on the day when they were so appointed for the first time on ad hoc basis; and further their seniority should be fixed on the basis of their total length of service determined in this manner.
(3.) It is the common case of the parties that the service of the petitioners as Computers was regularised as and when they completed three years service as regular Assistant Compilers.;