D.V. Sehgal, J. - (1.) The petitioner after his selection by the Subordinate Services Selection Board was appointed as an Overseer (Mechanical) (later on designated as Sectional Officer) and he joined as such in in the P.W.D. Public Health Branch, Punjab, on 6.1.1958. He was confirmed in the said post on 15.9.1966. Later on he was promoted as Sub Divisional Engineer vide order dated 13.7.1970 Annexure P. 1 and actually joined the said post on 15.7.1970. This promotion was on ad hoc basis as no regular appointment could be made without consulting the Public Service Commission (Hereinafter called 'the Commission'). Simultaneous with his promotion, his case was sent to the Commission for approval. It granted its approval in the year 1973 and vide order dated 8.3.1973 Annexure P. 2 the petitioner was declared suitable for appointment to the Punjab Service of Engineers Class II P.W.D. (Public Health) (hereinafter called 'the Class II Service'). Since his promotion as Sub Divisional Engineer on 13.7.1970, which undisputed is a Class II post, he has been working as such without any break or interruption. On the reorganisation of the erstwhile State of Punjab, he was allocated to the State of Haryana. Respondents Nos. 3, 4 and 5 were appointed to Class II Service by direct recruitment on 13.10.1971, 6.8.1973 (A.N ) and 2.5.1974 respectively against the posts which were not in existence when the petitioner was promoted and were in fact created in the years 1970 and subsequent thereto.
(2.) Cass II Service to which the petitioner and the respondents Nos. 3 to 5 belong is governed by the Punjab Service of Engineers, Class II, P.W.D. (Public Health) Rules, 1966 (hereinafter called 'Class II Rules') framed by the Punjab Government under Art. 309 of the Constitution. The grievance of the petitioner is that although he was appointed to Class II Service by promotion much earlier to the appointment of the said respondents, he was being treated as junior to them and was so shown in the gradation list Annexure P. 3. He addressed a representation dated 15.5.1976 Annexure P. 4 to the concerned authorities and pursued the matter through subsequent representations Annexures P.6, P. 7 and P.8 but without any fruitful result. Respondent No. 3, in spite of the fact that he was junior to the petitioner, was given current charge of the post of an Executive Engineer vide orders dated 5 6.1975. The petitioner was, therefore. constrained to file C.W.P. No. 3023 of 1977 in this Court which was disposed of by a Division Bench vide order dated 27.10.1977 on an assurance given by the learned Additional Advocate General on behalf of respondent No. 1 that the representations of the petitioner in relation to his claim to promotion and seniority would be taken into consideration. Further undertaking was also given on behalf of respondent No. 1 that the seniority list would be prepared afresh and finalised within six months. On this assurance, the petitioner withdrew his writ petition as having become infructuous.
(3.) Instead of providing any succour to the petitioner, through an order dated 22nd/27th of August. 1979 Annexure P.10, the date of appointment of the petitioner to Class II Service was declared as 24.9.1971 in spite of the fact that he had been so appointed to the said Service on 13.7.1970. He made a representation Annexure P.11 against it but to no effect. Subsequently a seniority list of Sub Divisional Engineers (Mechanical) was issued by respondents Nos. 1 and 2 vide letter dated 17.9.1979 Annexure P. 12 wherein once again the petitioner was shown junior to respondents Nos. 3 to 5. He made another representation Annexure P. 13 against it but no decision thereon was taken. Since his chances of promotion to the Haryana Service of Engineers Class 1, P.W.D. (Public Health Branch) (hereinafter called 'Class I Service) were being jeopardised, he filed another C.W.P. No. 4009 of 1979 in this Court. Respondents Nos. 1 and 2 took defence thereto to the effect that the seniority list Annexure P.12 was considered as final. In view of this reply, he withdrew the writ petition with liberty to file a fresh one, so as to challenge the seniority list Annexure P. 12. It is in these circumstances that he has filed the present writ petition praying that the order Annexure P.10 and the seniority list Annexure P.12 should be quashed and he be declared senior to respondents Nos. 3 to 5. He further prays that a direction be issued to respondents Nos. 1 and 2 to consider his claim for promotion to Class I Service treating him senior to respondents Nos. 3 to 5.;