Judgment

GROVER, J.:- This is an appeal from a judgment of the Punjab and Haryana High Court in which one of the main questions relating to the interpretation of Rule 7-A of the Punjab Service of Engineers (Electricity Branch) (Condition of Service) Rules, 1939, hereinafter called the Rules has been discussed in the connected matter i.e. Civil Appeal No. 456 of 1970 in which the judgment is being announced today.

2. The facts may be shortly stated. In August 1949 certain posts of Assistant Engineers Class II were advertised. In March 1950 B. K. Puri respondent No.10 along with B. N. Rampal respondent No.3 and others were selected in consultation with the Punjab Public Service Commission. On March 23, 1950 B. K. Puri joined service as Officiating Assistant Engineer Class II. On April 5, 1950 B. N. Rampal respondent No.3 joined the service as Officiating Assistant Engineer Class II. Other respondents Nos. 4 to 9 joined the service after B. K. Puri as Officiating Assistant Engineers Class II. Between 1953 and 1954 the Punjab Public Service Commission selected respondents 3 to 9 for appointment to Class I (junior) on officiating basis. According to the appellant the case of B. K. Puri was considered on each occasion but he was fund unsuitable and was passed over for certain reasons. On April 6, 1956, B. K. Puri was also selected and appointed as Officiating Assistant Engineer Class I (Junior). On May 11, 1956 respondents 3, 4, 6 and 9 along with others were confirmed as Assistant Engineers Class II with effect from October 1, 1955. B. K. Puri was not confirmed as Assistant Engineer Class II for the reason that he had not passed the Safety Code examination, which it is stated, was a condition precedent to confirmation. A memorandum was issued to 15 persons including B. K. Puri and respondents 5, 7 and 8 that their cases for confirmation would be considered after they had passed the said examination. On November 11, 1956 the erstwhile State of Punjab and Pepsu were merged. Thereafter before March 1958, respondents 5, 7 and 8 were cofnirmed as Assistant Engineers Class II with effect from October 1, 1955. B. K. Puri wrote a letter to the Chief Engineer on March 16, 1958 for his seniority being restored. On March 21, 1958, 28 persons in Class I including respondents 3 to 6, 8 and 9 were confirmed with effect from September 1, 1956. Respondent No.7 was also confirmed subsequently in Class I with effect from the same date. B. K. Puri was not confirmed in Class I as till that time he had not been confirmed as Assistant Engineer Class II. On August 18, 1958, B. K. Puri was confirmed as Assistant Engineer Class II with effect from October 1, 1955. In 1959 respondents 3 to 9 were promoted as Officiating Executive Engineers. In January 1959 B. K. Puri made a representation against the confirmation in Class I of respondents 3 to 9 who were junior to him in Class II. On December 19, 1959, notwithstanding that B. K. Puri had not been confirmed till then in Class I he was also promoted as Officiating Executive Engineer. But as mentioned before that was done after respondents 3 to 9 had been so promoted. In January 1960 representation made by B. K. Puri was rejected by the Government. In 1963 B. K. Puri made another representation to the Minister of Irrigation and Power. On June 27, 1963 he was confirmed in Class I but with effect from April 7, 1957. Respondents 3 to 7 had been confirmed as Executive Engineers with effect from various dates between March 1, 1961 to December 17, 1963. Respondent No.8 was confirmed after them with effect from December 17, 1963. On May 11, 1965 B. K. Puri and respondent no.9 were confirmed as Executive Engineer with effect from Janaury 1, 1965. On June 22, 1965 B. K. Puri made a representation to the Minister of Irrigation and Power for restoration of his seniority in Class I. That representation was forwarded to the Chairman of the Electricity Board. In June 1966 B. K. Puri was informed that his request for confirm