I.D.Dua, J.

1. These two writ petitions (C. W. No. 504 of 1964 presented by Shri K.R. Erry and C. W. No. 723 of 1965 presented by Shri Sobhag Rai Mehta) were heard together by a Division Bench consisting of S. B. Capoor, J. and myself and were referred to a larger Bench by one order. C. W. No. 504 of 1964, was initially referred to a larger Bench by Shamsher Bahadur, J. on 27-5-1965 and C. W. No. 723 of 1965 was directed by the Hon ble the Chief Justice (Falshaw, C. J.) on 24-11-1965 to be heard along with C. W. No. 504 of 1964 because the learned counsel for the petitioner had represented that the points arising in the two petitions were identical. This is how these two writ petitions have been placed for hearing before this Bench.

2. The broad facts of the case of Shri K.R. Erry (C. W. No. 504 of 1964) are stated in the order of the learned Single Judge and the facts of both the cases, in so far as their broad features are concerned are given in the order of the Division Bench. I would, however, in a nutshell restate them in essential particulars. The petitioner Shri K.R. Erry joined as an Assistant Engineer in the P. W. D. Irrigation Branch in the pre-partition Punjab in