Judgment

KHANNA, J. :- Whether the criterion to determine the seniority of Ravi Varma and Ganapathi Kini respondents should be length of service in accordance with the Office Memorandum date June 22, 1949 issued by the Ministry of Home Affairs, as claimed by the said respondents, or whether it should be the date of confirmation, as claimed by the appellants, is the main question which arises for decision in civil appeals Nos. 1845 and 1846 of 1968 which have been filed by the Union of India and two others by special leave against the judgment of Mysore High Court. Similar question arises in respect of the seniority of Suresh Kumar and Tara Chand Jain respondents in Civil appeal No. 50 of 1969 which has been filed by the Union of India and two others on a certificate granted by the Punjab and Haryana High Court against the judgment of that Court reversing in Letters Patent appeal the decision of the single judge and issuing a writ in favour of those respondents. The High Court held in all the cases that the seniority of the concerned respondents should be determined on the basis of the length of service in accordance with the above mentioned Officer Memorandum.

2. Before giving the fa