( 1 ) PUNJAB State Cooperative Agricultural Development Bank, the defendant in the suit is the appellant. The plaintiff filed a suit for declaration that his services right from the inception, namely, 2-7-1971 should be counted for the purpose of his seniority. It is undisputed that in the year 1971 there were no statutory rules governing the field of appointment to the different posts in the Bank. On an application being filed by the plaintiff, he was appointed on 2-7-1971 for a tenure of six months. Thereafter on a fresh application being filed, he was further appointed on 4-1-1972 till 25-5-1972. The plaintiff was not in service from 26-5-1972 till 5-3-1973 and on 5-3-1973, on the basis of an application made by the plaintiff on 1-3-1973, he was appointed. The Deputy Registrar however recommended to the Board that the plaintiff could be given a regular appointment and this was acceded to by the Board. He was thus regularly appointed in the Bank with effect from 6-3-1973. The dispute centres round the question as to whether the period of service from2-7-1971till 6-3-1973 with the aforesaid break could be counted towards the seniority of the plaintiff in the cadre of clerks under