Mr. Ranjan Gogoi, C.J.: (Oral) - This appeal is directed against the order dated 08.09.2009 passed by a learned Single Judge of this Court in CWP No. 17853 of 2008 by which the writ petition was allowed and the promotion of the respondent No. 5 therein i.e. the present appellant to the post of District Ayurvedic-cum-Unani Officer was interfered with on the ground that the said promotion was not made in conformity with the provisions of the Rules which prescribe the criteria of seniority-cum-merit for filling up the post on promotion.

2. The facts lie within a very short compass and the legal issue that arises on the said facts can be best summed up by recording that the same pertains to a true and correct meaning of the expression ‘seniority-cum-merit’ as appearing in the Service Rules in question.

3. Both the appellant/respondent No. 5 and the respondent/writ petitioner were holding the posts of Ayurvedic Medical Officer. Both of them belonged to the reserved category and had come within the zone of consideration for the purpose of promotion to the higher post of District Ayurvedic-cum-Unani Officer which had to be made in conformity with the Rules. The appellant/respondent No. 5, though junior to the respondent/writ petitioner, was selected and promoted to the said higher post which gave rise to the grievance espoused in the writ petition.

4. The learned Single Judge took the view that the aforesaid promotion was not made in accordance with the principle of senioritycum- merit which is the criteria applicable to the promotion and hence the present was a fit case for invalidation of the promotion made in favour of the appellant/respondent No. 5.

5. Before proceeding any further, it will be necessary to take note of the provisions of the relevant Rules which would be required to be considered for the purpose of adjudication of the issues involved in the present proceeding.

6. The service of the contesting parties are governed by the provisions of the Punjab Ayurvedic (Group ‘A’) Service Rules, 2008. Rule 5 of the said Rules being relevant may be conveniently reproduced at this stage:-

“5. Method of appointment, qualifications and experience

(1) Appointment to the service shall be made in the manner specified in Appendix ‘B’.

Provided that, if no suitable candidate is available for appointment by promotion and by direct appointment, then appointment to the service shall be made by transfer of a person holding a similar or an identical post under a State Government or Government of India.

(2) No person shall be appointed to a post in the service unless he possesses the qualification and experience as specified against the post in Appendix ‘B’.

(3) Appointment to the service by promotion shall be made on the basis of seniority-cummerit, but no person shall have any right to claim promotion on the basis of seniority alone.”

7. Specific notice must be had to the provision of Rule 5(3) extracted above which envisages that promotions shall be made on the basis of seniority-cum-merit, though no person shall have any right to claim promotion by virtue of his seniority alone. The Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 (hereinafter referred to as the Rules of 1994) take care of the matters not specifically provided by the Service Rules in question. Rule 8 and 18 of the Rules of 1994 being relevant may also be conveniently extracted here-in-below:-

“8. Application of the Punjab Civil Services (General and Common Conditions of Service) Rules, 1994(1) in respect of the matters, which are not specifically provided in the rules, the members of the service shall be governed by the Punjab Civil Services (General and Common Conditions of Services) Rules, 1994 as amended from time to time.

(2) The Punjab Civil Service (General and Common Conditions of Service) Rules, 1994, at present in force are contained in Appendix C.”

“18. Promotion to Group ‘A’ and Group ‘B’ Services (1) (a) for promotion to the