MOHANLAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Leave granted. We have heard learned counsel on both sides.

(2.) This appeal by special leave arises from the order of the H. P. Administrative Tribunal, made on October, 28, 1996 in O. A. No. 788/95.

(3.) The determination of inter se seniority of the direct recruits is the only question in this case. The appellants and the respondents came to be selected by direct recruitment against vacancies in the permanent posts of Excise and Taxation Inspectors in the H. P. Excise and Taxation Department (Inspectorate Staff, Class III) Service. The question relates to the interpretation of Rule 11 of the (Seniority) Service Rules read with Rule 4 (Examination) of the Rules. It is:whether examination has to be passed within two years from the date of appointment on probation or within the extended period of four years If a candidate passes the examination within two years from the date of appointment and joins the duty, indisputably under Rule 11(3) of the Rules, on confirmation on the expiry of probation, the seniority relates back to the date of appointment. The situation where a candidate does not pass the examination within two years but within the extended period of four years is dealt with under proviso to sub-rule (3) of Rule 11 which reads thus: