SH. C.L. GARG, CHIEF ENGINEER, HARYANA PWD B&R BRANCH, (NOW ON DEPUTATION TO HARYANA STATE AGRICULTURAL MARKETING BOARD, PANCHKULA) Vs. B.L. GOYAL AND ORS.

JUDGEMENT

(1.) These appeals under Clause X of the Letters Patent are directed against order dated 15.7.1997 vide which the learned Single Judge allowed Civil Writ Petition Nos.4228 and 3455 of 1981 filed by respondents B.L.Goyal and K.L.Munjal and ordered reframing of their seniority vis -a -vis the appellant.

(2.) The principal controversy in this case revolves around the true import of the circular letter Nos. 3068 -40 SI.64/10930 dated 6.4.1964 (Annexure R/6) and 64441 -Br. II(2) -64/16837 dated P.7.1964 (Annexure R/1). The circular letter dated 6.4.1964 was issued by the Chief Secretary, Punjab, with a view to encourage the engineering students to volunteer for short service Regular Commission in the Army in the wake of Indo -China Conflict which came to be known as University Entry Scheme. The Government decided that pre -final and final year students of the Engineering Colleges in Punjab would be appointed as Temporary Assistant Engineers from the date of grant of provisional short Service Regular Commission and they would be deemed to have joined the military duty from the afore mentioned date. The circular letter dated 6.4.1964 relaxed the qualification of degree in favour of persons appointed as Temporary Assistant Engineers on the grant of provisional Short Service Regular Commission. Some changes were incorporated in the policy of the State Government vide another circular letter dated 17.7.1964 because the previous circular did not elicit the desired response. For the sake of convenience, the relevant portion of circular dated 17.7.1964 is extracted below" "Sub: Incentive for final year students of Engineering Colleges in Punjab who joined military service during the present emergency.

(3.) In view of the above, the only question for determination in these appeals before us is as to what should be the date of appointment of appellant which would determine his inter -se seniority with others like the private respondents in the Haryana Service of Engineers Class I/Class II Service. For the purpose of deciding the issue, we are made to notice the facts from Letters Patent Appeal No. 86 of 1999.