Judgment

AYYANGAR, J. : The question raised in Writ Petition No. 264 of 1961 relates to the constitutionality of an order passed on April 20, 1955 by the Ministry of Defence by which, in modification of certain orders passed previously thereto, certain rules were laid down for the computation of the seniority of Clerks falling within the category of Extra Temporary Establishment Service. The petitioner was employed by the Ministry of Defence (Army Ordnance Corps) on February 6, 1942 as an Extra Temporary Establishment Clerk. The nature of this service and its history are the matters which arise for consideration in the petition. It is the case of the petitioner that by reason of certain orders of Government which would be referred to in due course, there was an amalgamation of the service known as the non-industrial staff in the Extra Temporary Establishment with those in another parallel service known as the Temporary Establishment and that as a result seniority in both these services had to be reckoned on the same basis, viz, the date when any employee entered service. The Union Government, however, it is alleged, illegally discriminated against the Clerical personnel which were o