Judgment

SEN, J. :- I have had the benefit of going through the judgment prepared by my learned brother Ray, J. (reported in AIR 1988 SC 268) and I agree with the order proposed to be made. In view of the importance of the questions involved, I would however like to add a few words.

2. I have no doubt in my mind that temporary Assistant Engineers were entitled to the benefit of their seniority reckoned according to the date of the order of appointment to the Service in terms of R. 23 of the United Provinces Service of Engineers (Buildings and Roads Branch) Rules, 1986, w.e.f. the date of their absorption into the Service by the Government in consultation with the Public Service Commission i.e. from the date from which they became Members of the Service within the meaning of R. 3(b) of the Rules. I had expressed the same view in Ashok Gulati v. B. S. Jain, (1986) Supl SCC 597 and I still adhere to it.

3. As a matter of policy, the then Provincial Government by a notification dated August 31, 1942 directed under R. 6 of the Rules that from the year 1942-43, two vacancies in the United Provinces Service of Engineers, both in the Buildings and Roads as well as in the Irrigation Departmen