JUDGMENT

S.B. Sinha, J. — This appeal is directed against a judgment and order dated 22.5.2000 passed by the High Court of Judicature at Allahabad in Writ Petition No.377(SB)/97, whereby and whereunder the writ petition filed by the appellant herein questioning an order of promotion dated 24.5.1997 passed in favour of respondent No.3 herein was dismissed.

2. Both the appellants and the said 3rd respondent were appointed on an ad hoc basis to the post of Inspector, re-designated as Assistant Director of Factories, on or about 3.1.1972 and 17.1.1987 respectively. Whereas the appointment of the appellant herein was in terms of Uttar Pradesh Labour Department (Factories and Boilers Division) Officers Service (Second Amendment) Rules, 1992 (1992 Rules, for short) indicating selection through Public Service Commission; the 3rd respondent was appointed purely on ad hoc basis till the selection of a regular candidate by the Public Service Commission and joining the post or till such time his services were required by the department. The appellant was confirmed in his post on 13.5.1978, whereas the 3rd respondent purported to have been appointed on a regular basis without undergoing the r