Ultimately he was promoted with effect from April 6, 1955 but he was number companyfirmed till April 7, 1957.
Respondents 3 to 7 bad been companyfirmed as Executive Engineers with effect from various dates between March 1, 1961 to December 17, 1963.
The case of B.K. Puri writ petitioner before the High Court clearly was that he was admittedly senior to respondents 3 to 9 in the cadre of Assistant, Engineers, Class II and therefore be was entitled to have the same seniority in the Class of Assistant Engineers Class I which would give him seniority as Executive Engineer as a whole.
B.K.Puri was number companyfirmed in Class I as till that time he had number beet companyfirmed as Assistant Engineer Class II.
In January 1959 B.K. Puri made a representation against the companyfirmation in Class I of respondents 3 to 9 who were junior to him in Class II.
On November 11, 1956 the erstwhile States of Punjab and Pepsu were merged.
In August 1949 certain posts of Assistant Engineers Class II were advertised.
He was, therefore, number entitled to seek any relief under Article 226.
B.K. Puri was number companyfirmed as Assistant Engineer Class II for the reason that he had number passed the Safety Code examination, which it is stated, was a companydition precedent to companyfirmation.
In 1959 respondents 3 to 9 were promoted as Officiating Executive Engineers.
On June 27, 1963 he was companyfirmed in Class I but with effect from April 7, 1957.
In January 1900 representation made by B.K. Puri was rejected by the Government.
On April 29, 1900 inter se seniority list of officers of the old State of Punjab and Pepsu was gazetted which did number disturb the inter se seniority of B.K. Puri vis a vis respondents 3 to 9 who were working in the old State of Punjab.
The case of the writ petitioners companyfirmation in Class II was taken up in 1968 on receipt, of his report for the period ending March 31,1956 from the Himachal Pradesh Government and he was then companyfirmed.
On April 5, 1950 B.N. Rampal respondent No.3 joined the service as Officiating Assistant Engineer Class II.
8 was companyfirmed after them with effect from December 17, 1963.
In June 1966 B.K. Puri was informed that his request for companyfirmation in Class I with effect from September 1, 1956 instead of April 7, 1957 and the restoration of bin seniority in Class I on the basis of his position in Class II had been companysidered but was being rejected.
7 was also companyfirmed subsequently in Class I with effect from the same date.
On May 11, 1965 B.K. Puri and respondent No.9 were companyfirmed as Executive Engineer with effect from January 1.
Another reason for delay was that the necessary report had number been received from the Himachal Pradesh Administration where he was on deputation.
Other respondents Nos.
But as mentioned before that was done after respondents 3 to 9 had been so promoted.
Although the writ petitioner was senior to respondents 3 to 9 in Class II he had been superseded by them in Class I because at the time of promotion his name was companysidered but he was number promoted due to unsatisfactory record of service.
In the return which was filed by the appellant it was maintained that the matter of seniority between the writ petitioner and respondents 3 to 9 had been settled long before the services of those officers were transferred to the appellant Board with effect from March 1, 1963.
In March 1950 B. K. Puri respondent No.
It was also asserted that there had been a lot of delay and laches and the writ petitioner had acquiesced in his position when he became junior to respondents 3 to 9.
According to the appellant the case of B. K. Puri was companysidered on each occasion but he was fund unsuitable and was passed over for certain reasons.
On April 6, 1956, B.K. Puri was also selected and appointed as Officiating Assistant Engineer Class I junior .
On March 21, 1958, 28 persons in Class I including respondents 3 to 6, 8 and 9 were companyfirmed with effect from September 1, 1956.
On December 19, 1959, numberwithstanding that B.K. Puri had number been companyfirmed till then in Class he was also promoted as Officiating Executive Engineer.
Between 1953 and 1954 the Punjab Public Service Commission selected respondents 3 to 9 for appointment to Class I junior on officiating basis.
Respondent No.
In the meantime respondents 3 to 9 had been companyfirmed with effect from September I, 1956.
On May 11, 1956 respondents 3, 4, 6 and 9 along with others were companyfirmed as Assistant Engineers Class II with effect from October 1, 1955.
As the writ petitioner had been companyfirmed in Class I on June 27, 1963 with effect from April 7, 1957 respondents 3 to 9 had become senior to him under the provisions of Rule 7 A. In the class of Executive Engineers also the writ petitioner became junior to respondents 3 to 9 since they had been companyfirmed with effect, from earlier dates.
It was admitted that some of the companytesting respondents had been companyfirmed by the Government in Class II on May 11, 1956.
On March 23, 1950 B.K. Puri joined.
The facts may he shortly stated.
The main prayer was that a suitable direction or Order be issued for restoring the seniority of the writ petitioner vises respondents 3 to 9 in the class of Executive Engineers in the light of Rule 7 A of the Rules and on the basis that the petitioner should be deemed to have been companyfirmed as Assistant Engineer Class I with effect from September 1, 1956.
4 to 9 joined the service alter B.K. Puri as Officiating Assistant Engineers Class II.
On June 22, 1965 B.K. Puri made a representation to the Minister of Irrigation and Power for restoration of his seniority in Class I. That representation was forwarded to the Chairman of the Electricity Board.
On August 6, 1966 B.K. Puri filed a petition under Article 226 of the Constitution in the High Court.
The writ petitioner had number been so companyfirmed at that time because he had number passed the Safety Code test and also because the decision regarding the adverse remarks against him was pending.
A memorandum was issued to 15 persons including B.K. Puri and respondents 5, 7 and 8 that their cases for companyfirmation would be companysidered after they had passed the said examination.
service as Officiating Assistant Engineer Class II.
Respondent No.
Thereafter before March 1958, respondents 5, 7 and 8 were companyfirmed as Assistant Engineers Class II with effect from October 1, 1955.
10 along with B.N. Rampal respondent No.
3 and others were selected in companysultation with the Punjab Public Service Commission.
On August 18, 1958, B.K. Puri was companyfirmed as Assistant Engineer Class II with effect from October 1, 1955.
In 1963 B.K. Puri made another representation to the Minister of Irrigation and Power.
B.K. Puri wrote a letter to the Chief Engineer on March 16, 1958 for his seniority being restored.
