ORDER

Leave granted.

2. This appeal by special leave arises from the judgment of the Punjab & Haryana High Court, made on September 13, 1995 in Writ Petition No. 5590/95.

3. The admitted position is that the respondents joined the service as drawing teachers in the District Boards and Zilla Parishads in Punjab during the year 1957-58. The schools were taken over by the Government of Punjab from District Boards and Zilla Parishads. At the time of take over, two of the conditions enumerated in the deed of take over were :

"3. The Government shall not be bound to take in Government service the members of the staff of the school and shall have full discretion in taking over such of them in Government service as may be considered suitable by it. (Govt.).

4. The members of the staff who are taking in Government service by the Government under the preceding clause shall be treated as fresh entrants in Government service and no credit whatsoever of their previous service in the aforesaid school shall be allowed to them and their seniority vice-versa. The old Government servant shall be terminated accordingly."

4. The question, therefore, is : whether the view of the High Court t