MODI, J.—This is a writ petition under Arts.226 and 227 of the Constitution. The petitioner before us is one Mohanlal. He originally belonged to Electrical and Mechanical Department of the erstwhile State of Jodhpur, and at the time of its integration in the United State of Rajasthan in 1949 he substantively held the post of a Mains Foreman in the grade of Rs. 150-10-200-EB-12i-300 plus a Car Allowance of Rs. 50/- per mensem and remained to occupy the same post in the Electrical and Mechanical department of the new State. The petitioner continued to hold the said post until the Rajasthan State Electricity Board was constituted under the Electricity Supply Act of 1948 (Act No.54 of 1948). Acting under section 78-A of the Act of 1948, a notification No. 13/OSD (Elec. Bd.), 57 dated the 12th February, 1958, was issued by the Governor by which the services of the Government employees of the Electrical and Mechanical Department excluding the Electrical Inspectorate were provisionally placed at the disposal of the Rajasthan Electricity Board with effect from the 1st July, 1957. By paragraph 2 of this notification the Board was required to permit each such Government employee to exercise option either to:

(a) accept the new grades and service conditions framed by the Board under its regulations,

(b) continue in the present grades and services conditions except in regard to conduct and discipline rules, or

(c) obtain relief from Government service by claiming pension or gratuity as may be admissible on abolition of posts under the Rajasthan Service Rules (Rules 215 to 226).

Certain other provisions were also made by this notification regarding the grant of pension and leave etc. after the transfer of such personnel to the Board but with these we are not concerned. It is admitted that the services of the petitioner were thus placed at the disposal of the Board some time in 1957. Thereafter by an order dated the 27th Jan., 1960 (Ex. 1) the petitioner was deputed as Assistant Engineer, Electrical in the Public Works Department (Buildings and Roads) with immediate effect in the scale of 250-25-50Q-EB-25-750 for one year in the first instance. It was provided in this order that he would retain his lien in the Power Department. Then by an order dated the 24th November, 1962 (Ex. 3) it was ordered that the petitioner be reverted to his parent Department with effect from the 1st of December, 1962. It seems, however, that this reversion did not actually materialise with effect from the 1st December, 1962, but the period of his deputation to the Public Works Department was extended upto the 25th July, 1963 (Ex. 4). Then by an office order dated the 11th July, 1963 (Ex. 5) issued by the Rajasthan State Electricity Board the following order was passed:

"OFFICE ORDER

On reversion from the Public Works Department Shri Mohan Lal, Foreman I, is hereby posted as Foreman I, Chambal Grid SubStation, Udaipur (Debari), against newly sanetioned post vide Rajasthan State Electricity Boards order No.RSEB/Cell.3/F.1(60)D. 2969, dated 11th June, 1963 from the date he reports duty.

Shri Mohan Lal, will report duty to Executive Engineer (Local Distribution), Rajasthan State Electricity Public Works Department.

Sd/- K. C. Satsangi,

Chief Engineer-Technical, Member."

This is how the petitioner came back to the State Electricity Board. The petitioners grievance, however, is that during the period he was on deputation to the Public Works Department there were a number of persons who were junior to him in the pre-existing Electrical and Mechanical Department and like him who were serving in the Electricity Board, and these persons who are respondents Nos. 4 to 14 before us had been promoted as officiating Assistant Engineers or as temporary Assistant Engineers on trial for one year in the first instance, and all these persons were subsequently confirmed as Assistant Engineers, in support whereof a specimen order (Ex. 11) has been produced with respect to respondent Abdul Hami

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