1. - Junior Assistants of the Rajasthan Housing Board (for short 'Board') who were dealing with the Accounts work in Divisions were not considered for promotion to the post of Accounts Assistants by the Junior Selection Committee (for short 'JCS') of the Board in its meeting held on May 24, 1980. This issue was raised in the 88th meeting of the Board held on November 27, 1980 and it was decided to review the decision of JSC taken in its meeting dated May 24, 1980. Thereafter meeting of JSC was again held on March 4, 1980 and pursuant to decision taken in the meeting the appellants were promoted to the post of Accounts Assistant vide order dated March 31, 1981. Provisional and Final seniority lists of existing Accounts Assistants were respectively published on September 24, 1981 and March 29, 1985. The respondents Arvind Kumar Ojha and R.S. Punia assailed the final seniority list dated March 29, 1985 and subsequent orders in the writ petition before the Single Bench by filing the writ petition on October 15, 1988. Learned Single Judge vide order dated July 3, 1997 allowed the writ petition and set aside the seniority list dated March 29, 1985 and subsequent seniority lists of Accounts Assistants. Hence this appeal.

2. Contextual facts depict that under the provisions of Rajasthan Housing Board Employees Conditions of Recruitment and Promotion Regulation, 1976 (for short 1976 Regulation') framed in exercise of Section 53 of Rajasthan Housing Board Act from the post of Accounts Assistant a promotional channel was provided to the post of Assistant. A Junior Assistant with 5 years experience for undergraduates and 3 years experience for graduates can be promoted to the post of Assistant. Another channel was provided a Junior Assistant with 5 years experience for undergraduates working in Accounts Branch and 3 years experience for Commerce Graduates can be promoted to the post of Assistant. Admittedly respondents Arvind Kumar Ojha and R.S. Punia were appointed on the post of Junior Assistants respectively on March 13, 1975 and February 12, 1975, much after the appointment of appellants. The JSC considered their names for promotion to the post of Accounts Assistants in the year 1980 and they were promoted to the post of Accounts Assistants vide order dated July 11, 1980 and they were kept on probation for a period of two years. Various Junior Assistants, who were dealing with accounts work in Divisions and were not considered for promotion to the post of Accounts Assistants, made representation to the Board. The Board discussed the issue in its 88th meeting held on November 27, 1980 and following decision was taken :

"88.10 Issue of Accounts Assistant who were not considered for promotion by DPC held on 24.5.80 on the ground that their experience of Accounts work in 'Division' was not considered as experience of 'Accounts Branch.'

The Board discussed this matter in detail. Members of the Board were of the view that literal interpretation of the word 'Accounts Branch' debarred some Junior Assistants having experience in accounts for being considered for promotion as Accounts Assistant, because the employees working under the Chief Accounts Officer alone are not dealing with the Accounts work but those of the employees working in the Division who are doing Accounts work are also part and parcel of the Accounts Branch. It was, therefore, decided that the decision of DPC held on 24.5.80 regarding promotion to the post of Accounts Assistant should be reviewed in the light of the broader meaning of 'Accounts Branch' and after reconsideration names be arranged as per seniority in the lower cadre."

In view of the aforesaid decision meeting of JSC was held on March 4, 1981 to reconsider the matter of promotion to the post of Accounts Assistants. The JSC after reviewing and considering the names of Junior Assistants, drew a list of eligible persons to be promoted to the post of Accounts Assistants and their seniority was arranged as per