Judgment

CHINNAPPA REDDY, J. :- Bakhshish Singh, the appellant, was appointed an Assistant in the Punjab Civil Secretariat on December 7, 1948 and was confirmed on September 1, 1956. Manohar Singh, Sardar Singh, D, Justin and Prithipal Singh Chawala, respondents 3 to 6 were also Assistants in the Punjab Civil, Secretariat, but were junior to the appellant. All of them were working as Assistants on November 1, 1956 when consequent on the States Reorganisation Act, the former States of Punjab and Pepsu were merged into one State. On merger the conditions of service of those employed by the former States of Punjab and Pepsu were protected as provided by sections 115(7) and 117 of the States Reorganisation Act. The rules in force at that time, which governed them, were the Punjab Civil Secretariat (State Services Class III) Rules, 1952. Rule 6(I)(b) provided that posts of Superintendents, Records in the service were to be filled by selection among Assistants. Posts of Assistants in charge were to be filled (i) by promotion of Assistants; or (ii) by transfer or deputation of an official already in Government service. Rule 6(I)(c) provided that posts of Assistants-in-charge were to be fil