Jawahar Lal Gupta, C.J.

Can the period of training, which does not count for probation or grant of increment, be treated as qualifying service for the purpose of promotion of a Technical Assistant to the post of Assistant Geologist? The Learned single Judge has answered this question in the affirmative and allowed the Writ Petition filed by the first respondent. Aggrieved by the order, respondent Nos. 5 and 7 in the writ petition have filed these two appeals. The facts may be briefly noticed.

2. The first respondent was selected for appointment as a Technical Assistant by the Public Service Commission. On August, 8, 1991 he was advised by the Commission to join as a Technical Assistant in the Office of the Director, Mining and Geology. He had reported for duty on September 23, 1991. However, he had to undergo training for a period of six months. On completion, the probation had commenced on March 23, 1992. It was declared that he had completed the period of probation satisfactorily on May 25, 1994.

3. In the year 1995, vacancies in the cadre of Assistant Geologist became available. Three years of service as a Technical Assistant was an essential qualification for promotion