Order

The short question raised is, whether the appellant is entitled to the benefit of his earlier service rendered in the Irrigation Department for his promotion and seniority in the Public Works Department (PWD). The foundation for the impugned order dated 19th August, 1993, is the decision of the High Court in Gokaran Singh v. State of U.P.1, in which the appellant, admittedly, was not a party wherein it was held that the benefit for the said earlier period was not admissible.

2. On 25th August, 1962, the appellant was appointed on ad hoc basis as Assistant Engineer in the Irrigation Department. In September, 1962, interview was held in the combined services of Uttar Pradesh for the posts of Assistant Engineers in Public Works Department (PWD) Irrigation Department by the U.P. Public Service Commission. The appellant was recommended at Sl. No. 55. In view of this, he was allotted the Public Works Department. On 29th July, 1963, the Public Works Department approved the appellant’s appointment and indicated the appellant’s merit at Sl. No. 21. On 8th August, 1963, the Chief Engineer, PWD, issued letter of his appointment. However, the appel­lant was not relieved by the Irri