JUDGMENT

H.N. Seth, J. - This is an appeal against the order of a learned single judge of this Court, dated 16th of April, 1971 dismissing the petition filed under Article 226 of the Constitution, on the ground that it was unduly belated and that the petitioners were guilty of laches.

2. The three petitioners and respondents Nos. 2 to 7 belong to U.P. Service of Engineers and were working as officiating Executive Engineers. Recruitment to this service was being made from the following sources:

(1) Direct appointment from amongst engineer students who passed out of the Thomason Civil Engineering College, Roorkee and who concluded a course of training in building and road branch as engineer students.

(2) By direct appointment after advertisement.

(3) By appointment of officers in the temporary service of U.P., P.W.D. building and road branch.

(4) By promotion of the Members of the U.P. Subordinate Engineering service or of upper subordinate in the Public Works Department, building and road branch who have shown exceptional merits.

(5) By promotion of computers in Public Works Department building and road branch who have shown exceptional merit and who are technically qualified.

3. On 21st March, 1942 U.P. Government made an order directing that with effect from the year 1942-43 two vacancies in Provincial Service for Engineers shall ordinarily be reserved for two students of the Thomason College of Civil Engineering Roorkee, who pass out highest in order of merit in the final examination of Civil Engineering of that College. Thus the two topmost students, out of those who passed out of the Civil Engineering Class of Thomason College Roorkee, in 1941 were to be eligible for appointment in 1942-43 on completing their class of Practical training. This order concerned the appointment to the Provincial Civil Service of Engineers from source No. 1 mentioned above. Appointments to be so made were termed as guaranteed appointments or appointment to guaranteed posts. Both the petitioners and the respondents No. 2 to 7 have been recruited from the first source. Respondents Nos. 2-7, however, belong to the class which was meant to fill the guaranteed posts.

4. The three petitioners passed out of the Thomason College of Engineering in the year 1948 and were appointed as Temporary Assistant Engineers on various dates in the year 1949. Respondents Nos. 2-7, who were entitled for guaranteed appointments, passed out of Thomason College of Engineers in 1949, 1950 and 1952 (two of them in each of the years mentioned above) . Four of them viz. respondents Nos. 2-5 were appointed as Assistant Engineers in the year 1951 whereas respondent No. 6 was so appointed in the year 1953. Respondent No. 7 was appointed as Assistant Engineer provisionally in the year 1953. However, State Government made orders confirming respondents Nos. 2-7 as permanent Assistant Engineers in the existing vacancies with effect from Ist April, 1955 on various dates. These orders provided that seniority of these officers was to be determined later. Seniority of these officers was subsequently determined vide office memorandum dated July 20, 1956 annexure 14 to the writ petition. The three petitioners who had been appointed as Temporary Assistant Engineers in the year 1949 continued to work as such and they were confirmed only on 7th of November, 1956, 9th of April. 1957 and 14th May, 1958 respectively. However, they were all confirmed retrospectively with effect from April 1, 1956. Order by which these officers were confirmed, provided that their seniority would be determined later and it was subsequently determined by officer memorandum dated 29th of April, 1961, Annexure 7.

5. The three petitioners claimed that respondents Nos. 2-7 were appointed as Assistant Engineers without consulting the Public Service Commission and that they were wrongly confirmed as Assistant Engineers by order made on 11th October, 1955, Annexure 13, with effect from 1st April, 1955 before the petitioners o