ORDER

1. Leave granted.

2. We have heard the learned counsel on both sides. The appellant joined as a clerk in the Department of Legal and Legislative Affairs, State of Punjab in June 1965. He was promoted as an Assistant on 13-8-1974. Ajit Lal Arora, third respondent was appointed as clerk in another department. When a vacancy as an Assistant had arisen and was notified for recruitment, Ajit Lal Arora had applied for the post and was appointed on 22-8-1974 and had joined on 17-9-1974. The Punjab Law and Legislative Department Provincial Service Class III Rules, 1951 was in vogue at the date of the respective appointments. Oh that day, there was no distinction of a technical and non-technical post. The Rules were amended in 1976. Thereafter dichotomy of technical and non-technical post was created and Ajit Lal Arora was working on the technical side. When the vacancy as a Legal Assistant had arisen, the appellant was eligible for consideration. He claimed for promotion by virtue of his seniority in the Department. Ajit Lal Arora came to be appointed on 20-5-1977 as a Legal Assistant. The appellant made a representation to the Government, who by its order dated 6-6-1981 found that the