SURINDER SINGH, J.

1. The sequence in the oft-treaded path is facts understanding...... judgment. Let us face the facts. The petitioner, Arjun Singh Negi, says in this petition filed under Article 226 of the Constitution of India, that he was recruited as a Lower Division Clerk in the office of the Director, Census Operations, Haryana, Chandigarh on April 14, 1969. He was promoted as an Upper Division Clerk, first on ad hoc basis on September 3, 1970 and thereafter on regular basis on October 31, 1972. The post next higher in rank is that of Accountant. A regular Upper Division Clerk having three years of service to his credit, is eligible for promotion to the post of Accountant. I. C. Sethia (the third respondent) was recruited directly in the same office as an Upper Division Clerk in the year 1970. Having joined as such earlier to the petitioner, the third respondent was admittedly senior to him. On July 25, 1972, an order was passed by which the third respondent who was working as an Assistant Accountant, was posted as a Cashier, while the petitioner who was at that time working as a Cashier, was asked to work as an Assistant Accountant. It is not disputed that both the