JUDGMENT

The petitioner was appointed as Assistant Engineer in the Irrigation Department of the Punjab Government on 15th July, 1968. He was, thereafter, given an option to join the Public Works Department [Buildings & Roads] [hereinafter referred to as PWD (B&R)] of the said Government. He accepted the offer and resumed his duties in the new Department on l4th January, 1969. In 1972, the PWD [B&R] invited applications for direct recruitment for the post of Assistant Engineer. The petitioner applied for one of them and he was formally appointed as a direct recruit in the said Department on 18th August. 1972. On 30th September/6th October, 1972, the Irrigation Department passed formal order relieving him from the Department which in fact ought to have been done on l4th January, 1969 when the petitioner had opted to join the PWD [B&R]. It appears that on his appointment in the PWD [B&R] as a direct recruit, he was sent on deputation to the Chandigarh Administration [Engineering Department] on 7th October, 1972.

In March, 1978, the petitioner made a request to the Chandigarh Administration to absorb him in their service by giving him the, benefit of service in the State Government right from 15h July, 1968. By their letter of 17th June, 1978, the Chandigarh Administration informed him that they were not agreeable to do so. On the other hand, the Administration informed him that since the absorption was at his request, it will affect his past service rendered in the Punjab State and he should give his consent for being placed at the bottom of the gradation list of officers of his category in the Chandigarh Adrninistration. However, within a few days thereafter, i.e., 30th June, 1978, the Administration sent another letter changing its earlier stand and stated that the petitioners seniority on absorption shall be fixed as per the service rules which inter alia provides for appointment of an officer to the service by transfer from the State Government or the Central Government. The letter further stated as follows:

"... . . . Such an appointment for obvious reasons is not to be treated as a direct appointment for the purpose of determining seniority. In short, Sh. Puranjit Singh will be entitled to count past service (in his parent State) in the matter of fixation of his seniority on absorption in Chandigarh Administration ......."

Against this decision of the Chandigarh Administration, two writ petitions were filed by the employees affected by it. They were dismissed as being premature since by that time the seniority list was not prepared. On 9th February, 1979, the Chandigarh Administration passed an order to appoint the petitioner as Assistant Engineer [Civil] Class II in its Engineering Department on B&R side by transfer from the PWD [B&R] and it stated that the appointment is also subject to the provisions of Punjab Service of Engineers, Class II P.W.D. Rules, 1965. Against this transfer order, another writ petition was filed by some of the aggrieved employees. This writ petition was also dismissed since no seniority list was prepared, with a direction to the Administration to fix the seniority of the petitioner.

On 14th January, 1980, a notification was issued by the Administration determining the seniority in accordance with Rule 12.5 of the Punjab Service of Engineers, Class III P.W.D. Rules, 1965 giving him seniority w.e.f. 7th October, 1972. The notification stated that the Administration had considered all the circumstances of the case and had also kept the public interest in view in fixing the seniority with effect from that date.

Against the fixation of his seniority w.e.f. 7th October, 1972, the petitioner made a representation on 15th January, 1980. While the said representation was pending, the petitioner preferred an application before the Central Administrative Tribunal, Chandigarh Bench challenging the order fixing his seniority on the ground that he was not given seniority on the basis of his past service from 1968.