JUDGMENT

AHMADI, J. : — The appellant Ajit Singh was appointed as Grade II Stenographer on February 2, 1953 and was promoted to the post of Senior Personal Assistant w.e.f. April 1, 1970. On January 4, 1974 he was further promoted to the post of Private Secretary to the Deputy Election Commissioner in which capacity he worked till July 26, 1977 when the Deputy Election Commissioner under whom he was working relinquished charge of office.

2. The first respondent is the Chief Election Commissioner. One Tilak Raj was the Private Secretary to the first respondent. On the said Tilak Raj being promoted as Under Secretary, the post of Private Secretary to the Chief Election Commissioner fell vacant and it was not filled in forthwith. However, by an order dated October 23, 1979 respondent No. 2 M. L Sarad was appointed to the same post w.e.f. September 1, 1979. On learning about the appointment of respondent No. 2 to the said post the appellant complained that the said appointment was contrary to the Election Commission (Recruitment of Staff) Rules, 1974 (hereinafter called the 1974 Rules). The appellants representation was rejected on the ground that he was not eligible for appointment to