B.S. Chauhan, J.

This reference has been made to a Larger Bench by the order dated 14.7.2004 of the learned Chief Justice, for resolving the issue as to whether the service rendered by an employee on ad hoc basis can be counted for the purposes of determining the seniority, promotion etc. as two Division Benches of this Court in Writ Petition No. 2605 of 2002 (Arjun Ravi Das v. Secretary, Minor Irrigation Department and Rural Engineering Service and Ors., decided on 27.2.2004), [Reported in (2004) 2 UPLBEC 1248 (DB)] and in Writ Petition No. 9940 of 2001 (N.K. Tripathi v. The Secretary, Minor Irrigation Department, decided on 13.2.2003) [Reported in (2004) 1UPLBEC 674 (DB)], have taken contrary views. Both the aforesaid cases relate to the same department. As large number of cases have been referred for determining the issue involved, Writ Petition No. 10504 of 2004, Farhat Hussain Azad v. State of U.P. and Ors., has been taken to be the leading case.

2. The Rural Engineering Department was constituted in the year 1972, in view of the fact that there had been an immense increase in the Engineering work in rural development. Initially no separate Rules were framed in respect