(1.) The petitioner joined the Transport Department as Senior Clerk in February, 1957, and was promoted as Accountant in 1958. In September, 1960, M.L. Sood, third respondent, joined the service in the Transport Department of Himachal Pradesh as Accountant.
(2.) By order dated May 31, 1961, consequent upon the decision of the Departmental Promotion and Selection Committee both the petitioner and the third respondent were promoted to officiate as Superintendents in the scale of pay of Rs. 160-10-330. The third respondent was placed at number I and the petitioner at number 2.
(3.) By office order dated January 29, 1963 passed, again upon the recommendations of the Departmental Promotion Committee, the officiating promotions as Office and C. & S. Superintendents were ordered to have effect from January 5, 1963, and in the said order the petitioner was placed at No. 1 while the third respondent at No. 4. In the said order it was further provided that- Each promntee will be on trial for a period of one year." In January, ]966, the petitioner was confirmed to the post of C. & S. Superintendent in the scale of pay of Rs. 250-20-350 with effect from January 18, 1966. This confirmation was also made upon the recommendations of the Departmental Promotion Committee. The third respondent was, however, not confirmed as Superintendent.