JUDGMENT

SAWANT, J.:— These are three proceedings instituted by an aggrieved employee, Captain B. D. Gupta (hereinafter referred to as the "petitioner"). Civil Appeal No. 4026 of 1982 is directed against the decision dated 26th May, 1982 of the Allahabad High Court in two writ petitions. Writ Petition No. 176 of 1982 was filed by the petitioner and the other writ petition was filed by one Captain R. S. Sanger with whom we are not concerned here. In his writ petition in the High Court, the petitioner had challenged the appointment of Captain Shashank Shekhar Singh, who is one of the respondents herein, to the post of Director, State Civil Aviation Department, Uttar Pradesh, and had prayed for a direction to hold fresh selection for the said post by treating him senior to Captain Singh. The petition was dismissed by the High Court by the impugned decision dated 26th May, 1982.

Writ Petition No. 7292 of 1982 is filed by the petitioner to challenge the order of 11 th June, 1962 passed by State Civil Aviation Department, Uttar Pradesh, relieving him from his services, and writ petition No. 8186 of 1982 is filed by him for a writ of mandamus to strike down the Uttar Pradesh State Civil Aviation (Director and Pilots) Service Rules, 1982 (hereinafter referred to as the Rules) as unconstitutional and illegal and to direct the respondent-State to frame fresh set of rules in consultation with the Public Service Commission and the Director General of Civil Aviation, Government of India and to appoint properly qualified and competent candidate for the post of the Director, U.P. Civil Aviation.

2. In order to appreciate the grievance of the petitioner in these proceedings, it is necessary to state the relevant facts. In the State of Uttar Pradesh, in 1947 a Society called "Cooperative Hind Flying Club, Lucknow" was registered under the U.P. Co-operative Societies Act for training pilots etc. The affairs of the said Club were in an unsatisfactory state on account particularly of the financial stringency, and hence in 1969 an administrator was appointed by the State Government to manage its affairs. The State Transport Commissioner was the administrator. There was no other institute, private or Government, engaged in the task of training pilots. On January 15, 1971, the petitioner was appointed as an Assistant Pilot Instructor in the said Club. On 18th November, 1974, he was promoted as Pilot Instructor (Senior Grade) in the scale of Rs. 800-1400/- and on 21st May, 1975 he was confirmed in the said post. On 28th August, 1976, he was promoted as Pilot Instructor In charge as per the decision of the Director General, Civil Aviation, Government of India and he was also asked to fly Government (VIP) aircrafts. On 1lth November, 1976, the State Government created the post of Government Pilot in the scale of Rs. 1950-2250/-.

3. Captain Singh was appointed on Ist May,1979 not in the Club but in the Department of State Civil Aviation on the post of Helicopter Pilot and his pay was fixed at Rs. 1550 + Rs. 250 = Rs. 1800 per month which he was drawing in the Army as a Regular Commissioned Officer.

4. The Club went into liquidation on 19th April, 1980, and on and from 1st August, 1980, the State Government took over its assets by an order dated 7th May, 1981. At the same time, the Government also took some employees of the Club on contract basis. The petitioner was one of them. Since the petitioner was holding the post of the Pilot Instructor In charge in the Club at the time of its take over, he was appointed on the said post in the Department of State Civil Aviation but for a fixed term and on contract basis from 1st August, 1980. On 15th October, 1980, he appeared before the Selection Committee for the post of the Government Pilot which, as stated earlier, the Government had created on November 11, 1976. He was, however, not selected on account of the pendency of an inquiry against him in connection with an accident.

5. On 1st May, 1981, the Government ab