Bal Raj Tuli, J. - (1.) THE Petitioner was employed as Professional Tax Officer in the District Board, Rohtak, with effect from June 16, 1953 and was confirmed in 1954 in the grade of Rs. 125 -7 1/2 - -200 - -10 - -250. District Board, Rohtak was abolished in 1962 as provided in Section 118 of the Punjab Panchayat Samitis and Zila Parishads Act, 1961 (hereinafter called the Act) and the Petitioner was absorbed in the Zila Parishad, Rohtak along with the other employees of the District Board. His designation in the Zila Parishad was changed to Taxation Officer and he has been confirmed as such. The present grade of his pay is Rs. 200 - -10 - -250/15 - -325. In the return it has been pointed out that the Petitioner was not absorbed in the Zila Parishad, Rohtak, along with the other employees of the District Board, Rohtak, as the post of Professional Tax Officer was declared surplus. The Petitioner was allotted the duty of checking the assessment statements of Professional Tax and then to bring them on rational basis. While performing this duty, he was under the administrative control of the Director of Guidance and Supervision and was attached with the Assistant Director (Guidance and Supervision), Rohtak. This Directorate was abolished in December, 1962 and thereafter the Petitioner was attached with the Zila Parishad, Rohtak. During the period he worked in the said Directorate, the Petitioner supervised the taxation work of Panchayat Samitis in the districts of Rohtak and Sangrur.
(2.) HOSHIAR Singh, Respondent 4, joined the District Board, Rohtak, as Accountant -cum -Head Clerk on December 31, 1951, in the grade of Rs. 125 -7 1/2 - -200 - -10 - -300 against a permanent vacancy. It was obligatory for him to pass the departmental examination for Accountants of District Board. He remained on probation for some time but after the passing of the departmental examination he was confirmed by an order passed on April 9, 1955, with effect from the date of his initial appointment, i.e., December 31, 1951. He was absorbed as an Accountant in the Zila Parishad, Rohtak, after the abolition of the District Board, Rohtak, in the grade of Rs. 200 - -10 - -300 with effect from March 1, 1962. In the petition it has been submitted that the Petitioner was senior to Respondent 4, which fact is denied in the return filed by Respondent 1. It is not necessary for the decision of this writ petition to decide as to the inter se seniority of the Petitioner and Respondent 4.
(3.) SHRI Hardwari Singh, Secretary of the Zila Parishad, Rohtak, resigned his job, with effect from November 1, 1966 and the necessity arose of filling that vacancy. The Zila Parishad recommended the name of Respondent 4 to the Government who was appointed as Temporary Secretary of the Zila Parishad and has continued as such till today. It is this appointment of Respondent 4 which has been challenged by the Petitioner in the present writ petition which was filed on December 2, 1968 and was admitted on December 9, 1968.;