Holding

The petitioner was senior to the respondent and the order treating him as junior was erroneous and set aside.

Summary

G.R. Luthra and D.R. Khanna were recruited to the Punjab Judicial Service in 1950, Luthra securing a higher rank and a permanent post while Khanna obtained a lower rank and a temporary post. After the creation of Haryana and the Delhi High Court, both officers continued serving in Delhi and were placed senior to Khanna in the list of officers to be absorbed into the newly formed Delhi Higher Judicial Service. Khanna later obtained a pro‑forma promotion in Punjab and claimed seniority over Luthra, which the Delhi High Court accepted based on its interpretation of Rule 6(3) of the Delhi Higher Judicial Service Rules, 1970. Luthra filed a writ under Article 32 challenging the Lt. Governor’s order that treated him as junior. The Supreme Court held that seniority is determined by length of service in the relevant cadre and that inter‑se seniority fixed earlier cannot be altered; the next‑below rule protected Luthra’s seniority despite Khanna’s temporary promotion. Consequently, the Court quashed the order treating Luthra as junior, finding it violative of Article 16, and allowed the petition.

Issues considered

Whether the petitioner G.R. Luthra is senior to respondent D.R. Khanna under Rule 6(3) of the Delhi Higher Judicial Service Rules, 1970.
Whether a pro‑forma promotion and the next‑below rule affect the determination of seniority between the parties.
Whether the Delhi High Court’s interpretation of Rule 6(3) was correct.
Whether the order of the Lt. Governor treating the petitioner as junior violates Article 16 of the Constitution.
Whether inter‑se seniority fixed in the parent cadres can be altered at the time of initial recruitment to the Delhi Higher Judicial Service.

Legislation cited

Constitution of Indias. Article 16, s. Article 32
Delhi Higher Judicial Service Ruless. Rule 6(1)(a), s. Rule 6(3)

Subjects

seniorityjudicial serviceDelhi Higher Judicial ServiceRule 6next‑below ruleproforma promotionArticle 16Article 32writ petitioninitial constitutioninter se seniority

Judgment

313

G. R. LUTHRA
v.
LT. GOVERNOR OF DELID & ORS.
,,
August 22, 1979

, [S. MURTAZA FAzAL ALI AND D. A. DESAI, JJ.]
B
Delhi Higher Judlcial Service Rules, 1910-Petitioner throughout senior to
respondent-Both were allotted to difjerent States on division of State-Respon~
dent got proforn1a promotion in State Cadre-Petitioner given the benefit of
"next below rltle" and pron1oted later in his State Cadre-Respondent if could
clai1n seniority 'over petitioner.
In the competitiVe examination for recruitment to Punjab State Judicial
Service, conducted in 1950 by the undivided State of Punjab, the petitioner and
respondent no. 3 were placed at s~ nos., 4 and 13 in the merit list. On August 7,
1950 the petitioner was appciinted as a Sub-Judge against a permanent post
while the respondent \Vas appointed as Sub-JuQge against a temporary post on
November 23. 1950.
Till the formation of the State of Delhi, judicial officers of Punjab were
posted as judicial officers in Delhi. Both the petitioner and the respondent were
posted as ~uh-Judges in Delhi. Consequent upon the division of the State of
Punjab into Punjab and Haryana the petitioner was allotted to Haryana while
the respondent was retained in Punjab. But even thereafter they continued as
Senior Sub-Judges in Delhi. The Chief Justice of Punjab and Haryana High
Court +and the Chief Justice of the newly formed Delhi High Court decided
that in the judicial service to be constituted for Delhi the petitioner would rank
senior to the respondent (the petitioner being placed at the fourth place and
the respondent at sixth place in the list of seniority). In May, 1967 the peti-
tioner was appointed as Assistant Sessions Judge, Delhi; the respondent was
appointed as Assistant Sessions Judge, Delhi in February, 1968. In the mean--
time the respondent was given a proforma promotion in the State of Punjab
with effect from June 24, 1967 and giving the benefit of "next below rule" the
petitioner was promoted as Additional District and Sessions Judge with effect
from July 28, 1967. The petitioner was confirmed as District and Sessions
'F
Judge ih bis parent cadre on October 2, 1970, while the respondent was appoint~
ed as Additional District and Sessions Judge at Delhi on June 5, 1968 and conti-
nued in that post till May, 1971.
When the Delhi Higher Judicial Service was formed in 1970 the petitioner
was placed at s. no. 7 and the respondent at s. no. 8 in the list of judicial
• officers. G.
• The respondent's representation claiming seniority over the petitioner was
accepted by the Delhi High Court on the ground that in view of Rule 6 (3) of
the Delhi Higher Judicial Service Rules 1970 as interpreted by this Court in
G. R. Lwhra v. Lt. Governor, Delhi {AIR 1974 SC 1908) the respondent was
senior to the petitioner.
In a petition under Art. 32 of the Constitution the petitioner impugned the If
order of the. Lt. Governor passed on the recommendation of the High Court
treating him to be junior to respondent no. 3.
314 SUPREME COURT REPORTS [1980] l S.C.R.

A Allowing the petition,

HELD : 1. The petitioner was senior to the respondent and was rightly
placed above the respondent in the initial constitution of the Delhi Higher Judi-
cial Sen·ice in May 1971 and the order of the Lt. Governor was, therefore,
erroneous. [322 D·E]
2. Rule 6(3) of the Rules provides that the soniority of candidates appoint-
ed at the initial constitution shall be in· accordance with the length of service
rendered by then1 in the ..:adres to which they belonged at the time of their
initial recruitment to the sCrvice provided that the inter- se seniority as already
fixed in such cadres shall not be altered. The petitioner was throughout rn:ated
as senior to the respondent and even in the initial recruitment to the Delhi
Higher Judicial Service he was shown as senior to the respondent Since the
inter sa seniority had been fixed initially the petitioner was senior to the respon~
dent and this position cannot be altered. [320 B-C]
3. Although the respondent was promoted to a higher post before the peti-
tioner was promoted in the respective parent State cadres, since the appointment
of the petitioner was made subject to the next below rule, his seniority over the
respondent was fully protected. If the respondent was to be given seniotity
over the petltioner the question of giving benefit of the next below rule to the
D petitioner would not have arisen. Therefore, merely because the respondent got
a proforma promotion and was temporarily promoted six months before the
petitioner would not ma,ke him senior to the petitioner. [317 E-G]
4. Even r. 6(1) (a) envisages that for initial recruitment to the service ap-
pointments were to be made from District Judges and Additional District Judges
functioning as such in the Union Territory of Delhi on deputation from other
IE States. On the date of formation of the service the respondent was not fun-
ctioning_ either as District Judge or as Additional District Judge but was on
deputation with the Income Tax Appellate Tribunal. [322 A-BJ
5. The case of G. R. Luthra v. Lt. Gavernor Delhi, was clearly distinguish-
able in that the respondent was not a party to that case and his case did not
fall for eonsideration by the Court. It was laid down in that case that length of
IF service rendered by a candidate during the period when he was rendering service
either as District Judge or Additional District Judge against a permanent or a
temporary post was the criterion for the determination of seniority under the
Rules. [320 G]
In the instant case although the petitioner and respondent were drawn from
different sources and from different States at the time of·the initial formation of
the cadre the former was shown above the respondent and, therefore, the res~
pondent could not claim seniority over the petitioner. [321 E] •
G. R. Luthra, Additional District J~dge, Delhi v. Lt. Governor, Delhi &
Ors., AIR 1974 SC 1908 distinguished.

ORIGINAL JURISDICTION: Writ petition No. 402 of 1977.

B Under Article 32 of the Constitution.
(Dr.) L. M. Singhvi, Raj Punjvani and G. S. Chatterjee for tbe
Petitioner.
G. R. LUTHRA v. LT. GOVERNOR (Faza! Ali, J.) 315

'
\soli J. Sorabiee, Addi. Sol. Genl. E., C. Agarwala and R. N. A
Sachthey for Respondent No.. 2 (Delhi High Court).
A. K. Sen, U. R. Lalit, P.H. Parekh, C. B. Singh, M. Mudgal and
.• B. L. Verma for Respondent No. 3.

, The Judgment of the Court was delivered by
B
FAZAL ALI, J.-This writ petition has had a chequered career and
involves a competition regarding seniority between the petitioner G. R.
Luthra and Respondent No. 3 D. R. Khanna who were simultaneously
recruited as members of the Punjab Judicial Service. The case appears
to have travelled through various stages both in the High Court and in
this Court on different aspects. After hearing counsel for the parties in c
the view that we propose to take in this petition and also because res-
pondent No. 3 has filed an affidavit that he wonld not press this Court
~or giving any decision regarding his seniority over the petitioner if the
submission of respondent No. 3 regarding his appointment under· the
Delhi Higher Judicial Service is decided against him, it is not necessary
D
for us to give any finding on the scope and ambit of Rule 6(3) of the
Rules.
In view of these facts the controversy in this case has been very
much narrowed down and the point for decision falls within a very nar-
row compass. In order however to undetstand the question involved,
it may be necessary to give a short history and a brief resume of the E
manner in which the petitioner and respondent No. 3 were appointed and
their vertical mobility in the hierarchy through which they had moved
up.
' the pe'itioner and respondent No. 3 competed
To begin with, both
for entrance to the State Judicial Service of the undivided Punjab. The (I
petitioner Luthrn was appointed as far back as 7th August, 1950
having obtained 4th position in the competitive examination and was
appointed as Sub-Jndge against a permanent post. Respondent No. 3
bad also taken the same competitive examination but obtained a lower
position (13th) and was appointed as Sub-Jndge against a temporary
• post. Thus, from inception three important facts are established : G
1. That the petitioner bad obtained a higher position in the
competitive examination held for entrance to the State Judi-
cial Service whereas respondent No. 3 had obtained a lower
position. this is important because. under the Rules and the
conventions the seniority of new recruits is normally govern- n
ed by the place which they occupy in the competitive
examination. ·
316 SL'l'REME COURT REPORTS (1980] l S.C.R.

2. T~e petitioner Luthra was appointed on the 7th August,
1950 whernas respondent No. 3 D. R. Khaqna was appointed
on the 23rd November, 1950 i.e. about 3t months later.
Thus, even regarding the time of appointment, the petitioner
entered the' service prior to respondent No. 3 bo•h having
been appointed to the same service and having been recrui-
B
ted through the same competitive examination.
3. That while the petitioner Luthra was appointed against a
permanent vacancy respondent No. 3 was appointed in the
State Judicial Service only against a temporary post. This
was also an important factor which has to be taken into
c consideration in order to determine the inter se seniority of
the petitioner and respondent No. 3.
Both the petitioner and respondent No. 3 were thus appointed as
members of the Punjab Judicial Service in the undivided Punjab. So
far as Delhi wa·s concerned before the birth of the Haryana State it used
D to be a Judicial District of Punjab. Unfortunately, the services of the
respondent No. 3 remained terminated due to medical unfitness between
13th March, 1952 to 23rd May, 1956. But this gap is of no conse-
quences because subsequently his medical unfitness was set aside in
appeal and respondent No. 3 was reinstated with effect from the date of
his appointment, namely, 23rd November, 1950.
E
On the 9th March, 1963 the petitioner Luthra was posted at Delhi
as Sub-Judge. On 1st November, 1966 by virtue of r(;}-organisation of
Punjab, Punjab and Haryana became two separate State·s and some
areas were transferred to Hima<:hal Pradesh. As a result of the afore-
said reorganisation the services of the petitioner Luthra were allocated
F to the State of Haryana and that of respondent No. 3 Khanna to Punjab, ,.
but both the officers continued to be posted at Delhi and were Senior
Sub-Judges. On the same date,, namely, 1st November, 1966 Delhi
High Court was created and came into existence. Shortly thereafter,
on 5th November, 1966 in a meeting of the Chief Justices of the Punjab
.G and Haryana and Delhi High Courts a list of Jndicial Officers to be •
absorbed in the Judicial Service to be constituted at Delhi was finalised
and in the list of the Lower Judicial Service which appears at page 393
of the Paper Book the petitioner Lutlrra was placed at S. No. 4 whereas
respondent No. 3 D. R. Khanna was placed at S. No. 6. Thus, the
two High Courts clearly decided that in the new Service the petitioner
was to rank senior to respondent No. 3. This decision was a logical •
corollary 'of the history of the services of the petitioner and respondent
No. 3, discussed above. The proceedings of the meeting are co~tained
I
•
G. R. LUTHRA v. LT; GOVERNOR (Fazal Ali, J.) 317

:at pages 392-395 of ·the Paper Book in which the Courts decided to A'
allocate one District and Sessions Judge for Delhi and 8 Additional
District and Sessions Judges, in the Higher Judicial Service and 39 Sub-
J udges in the Lower Judicial Service. Both the petitioner and respon-
• dent No. 3 at that time fell in the third category. Thus, even though
the petitioner and respondent No. 3 had for a short while been allo- s:
cated to two different States, namely, one was allotted to Punjab and
the other to Haryana, but with the coming into existence of the Ddhi
High Court both of them again joined the same service and their rank
.and seniority was throughout maintained.

On 9th May, 19'67 the petitioner Luthra was appointed as A.ssistant c
Sessions Judge, Delhi, Respondent No. 3 was appointed as Assistant
Sessions Judge on 21st February, 1968, but it appears that by a letter
-Oatcd 22nd March, 1971 written by the Registrar of the Punjab and
Haryana High Court addressed to the Accountant Ceneral, Punjab,
Simla respondent No. 3 was given proforma promotion with effect from
D
24th June, 1967. The proforma promotion is related to vacancies in
his parent State and has nothing to do with vacancies or seniority where
both were at the relevant time serving. This letter is annexed as
Annexure 2 appearing at pages 288-89 of the Paper Book. The peti-
tioner Luthra was however given benefit of the next below rule. as Addi-
tional District and Sessions Judge with effect from 28th July, 1967. Thi• E
unfortunate episode seems to be the sheet anchor of the argument of
respondent No: 3 in claiming seniority over the petitioner. It is true that
by virtue of the letter referred to above respondent No. 3 was appoin-
ted as Additional District and Sessions Judge prior to the petitioner but
since this appointment was made 'subject to the next below rule it is
manifest that the seniority of the petitioner over respondent No. 3 was P'
fully protected otherwise if in fact the respondent No. 3 was to he given
·seniority over the petitioner, the question of giving benefit of the next
below rule to the petitioner would not have arisen. The letter referred
·to above was passed by the order of the Chief Jusice and the Judges

.. of the High Court. In thelie circumstances,, therefore, merely because
respondent No. 3 got a proforma promotion and was temporarily G
appointed as Additional District and Sessions Judge six months before
the petitioner that will not make him senior to the petitioner. This fact
is borne out by another circumstance. The petitioner was also ap-
pointed as Additional District and Sessions Judge on 25th November,
1967 and while both the petitioner and respondent No. 3 were holding
H'
the same post at Delhi. The petitioner was confirmed as District and
Sessions Judge in ])is parent State of Haryana on 2nd October, 1970.
2-531 SCI/79
318 SUPREME COURT REPORTS (1980] 1 S.C.R.

A On the other hand, respondent No. 3 was appointed as Addi. District&.
Sessions Judge Delhi on 5-6-1968 and continned as Addi. District and
Sessions Judge till 17-5-71. Respondent No. 3, however, was ~on
firmed as Sub Judge on 5-6-1968 but was confirmed as District and Sea-
sions Judge Delhi several years after .

• On 27-8-1970 Delhi Higher Judicial Service and Delhi Judicial Ser-
vice Rules were framed by the Lt. Governor in consultation with the
•
Delhi High Court. On 22-3-1971 Shri Khanna respondent No. 3 was
appointed as Member, Income Tax Tribunal at Jaipur. About two-
months thereafter i.e. on 17-5-1971 there was a regular notification
8 initiating the constitution of the Delhi Higher Judicial Service with effect
from 17-5-1971 by which in the Higher Service the petitioner was put
at S. No. 7 and respondent No. 3 at S. No. 8. This notification may
be extracted thus : -

D "In pursuance of the provisions of rule 6 of the Delhi
Higher Judicial Service Rules 1970 the Administrator of Delhi
is pleased to appoint substantively in consultation with. the
High Court, the following persons from the States noted
against each, to the Delhi Higher Judicial Service at its initial
constitution with effect from 17-5-71 and in order of seniority
E indicated :

SI. Name of the Officer Post. held at Present State to which
No. belongs

I. Shri Rajinder Nath'Aggarwal Registrar, Delhi Higli Court, Himachal Pra-
F New Delhi. desh.
2. Shri Fauja Singh Gill Addi. District & Sessions Punjab
Judge, Delhi.
3. Shri Mohinder Singh Joshi Member (Punjab) , Official Punjab
Language (Legislative) Com~
G mission, Ministry of Law.
Government of India. · •
4. Shri Kashmir Singh Sidlau Addi. District & Sessions Punjab
Judge, Delhi.
5. Shri Om Nath Vohra Do.
Do.
Do.
Do.
..
6. Shri Jagmander Das Jain
B 7. Shri Gulshan Rai Luthra Do. Haryana
8. Shri Dev Raj Khanna Do. Punjab
G. R. LUTHRA v. LT. GOVERNOR (·Fazal Ali, !.) ~I 9

Thus, this notification would show that whatever may have been:
the position prior to the coming into force of the new Service, the
petitioner was treated to be senior to respondent No. 3. As we have
already stated that both the petitioner and respondent No. 3 were prac-
tically recruited through the same source and were members of the
same Service though for a short period the petitioner was allotted to
Haryana and respondent No. 3 to Punjab but that would not intro-
duce any break in the service of either od' them or bring about a change
•
in their seniority. Unfortunately, however, it appears that the con-
• fusion was worse confounded by a decision taken by the Delhi High
Court on a representation filed by respondent No. 3. It appears that
after the final list under the Delhi Higher Judicial Service was notified c '
and approved respondent No. 3 filed a representation on the 2 lst
January, 1972 claiming seniority over the petitioner. This representa-
tion appears to have been accepted by the High Court on 10th June,
1976 which runs thus :
"I am desired to say that Shri D. R. Khanna a member
of the Delhi Higher Judicial Service, at present on deputation D
as Judicial Member, Income Tax Appellate Tribunal made
·a representation dated the 25th January, 1972 (copy en-
closed) requesting that for the reasons stated therein he may
be placed above Shri G. R. Luthra in the Gradation List of
the officers of the Delhi Higher Judicial Service. The com- E
ments of Shri Luthra on the aforesaid representation of Shri
Khanna were obtained. Subsequently, both the officers filed
counters, copy of each one of which is enclosed. Both Shri
Khanna and Shri Luthra were heard by a Comntittee of two
Hon'ble Judges who submitted a report which was considered
on the Administrative Side by the Full Court in its meeting
held on 20th May, 1976 and it was decided that in view of
Rule 6(3) of the Delhi Higher Judicial Service Rules, 1970,
as interpreted by the Supreme Court in A.LR. 1974 S.C.
1908. Shri Khanna is senior to Shri Luthra. I am directed
to request that orders of the Administrf!tor may be obtained
• in this behalf and necessary amendment in Delhi Administra- G
tion's Notification No. 1 (740) /76-Judl. dated the 15th May,
1971 be made".
Thus, the basis of the order of the High Court was the interpretatioa
of Rule 6(3) of the Delhi Higher Judicial Service Rules, 1970. Sec-
tion 6(3) runs thus : -
H
"6(3). The seniority of the candidates appointed at the
jnitial constitution shall be in accordance with the length of
320 SIJPREME COURT REPORTS [1980] l s.c.R.

service rendered by them in the cadres to which they beloni:
"' at the time of their initial recruitment to the service provided
that the inter-se seniority as already fixed in snch cadres shall.
· not be altered".

B A perusal of this rule would manifestly show that the petitioner was. •
treated as senior to respondent No. 3 throughout his whole career and
even in the initial recruitment by which the Delhi Higher Judicial Service
came into existence, the petitioner was shown senior to respondent No.
3, aqd, therefore, on a plain reading of rule 6(3) there was no merit
in the1 representation of respondent !'fo. 3 and according to the second
part of the rule since inter-se seniority had already been fixed initially,
the petitioner would be deemed to be senior to the respondent No. 3
and this seniority could not be altered. With due respect to the Hon'ble
Judg'<J' we feel that the construction placed by the High Court on rule
6(3) was not correct. Tue High Court appears to have relied Olli a
decision of this Court in G. R. Luthra, Additional. District Judge, Delhi
D
v. Lt. Governor, Delhi & Ors.(I) which is clearly distinguishable from
the facts and circumstances of the present case and in which the history
of the services of the two officers had not been placed or argued nor
was respondent No. 3 a party to that petition and, therefore, his case
never came up for consideration before this Court. Therefore, this
r
• Court had no occasion to consider the various aspects of the question
which ex-hypothesi, did not arise. The facts and circumstances under
which the petitioner's seniorlty was maintained by giving a proforma
promotion to respondent No. 3 and protecting the seniority of the peti-
. tioner by co12cept of next below rule was also not broughi to the notice
of the Court.
F
In fact, in the case of G. R. Luthra v. Lt. Governor, Delhi & Ors.
(supra) this Court clearly laid down that the criterion for the deter-
mination of seniority under the Delhi Rules was the length of service
rendered by the candidates during the period when they were rendering:
service either as District Judge or as Additional District and Sessions
Judge against permanent or temporary posts. From the notification
dated 19th May, i971 which has been extracted above it would be
seen that Mr. Sidhu, Mr. Vohra and Mr. Jain over whom the petitioner
Luthra was claiming seniority were shown at S. No. 4, 5 and 6, that is
to say above the petitioner Luthra. This Court therefore obviously held
,B that length of service of these officers being more than the petitioner

(1) A.I.R. 1974 S.C. !908.
\
•
G. R. LUTHRA v. LT. GOVERNOR (Fazal Ali, J.) 321

r Luthra, the claim oif the petitioner Luthra was wholly untenable. In A
this connection, this Court observed as follows : -
"Rule 6 ( 4) of the Delhi Rules shows that the respondents
and the appellant were absorbed in the Delhi Higher Judicial
Service from the States of Punjab and Haryana. The length
r of service rendered by them as Additional District and Ses- B
sions Jupges is the criterion to fix the seniority. The word
'cadre' includes both permanent and temporary posts.· To
confiM cadre to permanent posts under the Delhi Rules would
• be to render the Rules totally unworkable and impracticable
because at the time of initial recruitment the persons came
on deputation from States mostly in their temporary capacity c
as Additional District and Sessions Judges.
For these reasons we are of opinion that the respondents
.. Sidhu, Vohra and Jain had been rightly treated as senior to
the appellant on the ground that the length of service rendered
by the respondents in the cadre of District ind Additional
D
District and Sessions Judges to which they belonged at the
time of initial recruitment is longer than that of the appellant".
In the instant case also the petitioner and responden~ No. 3 have been
drawn from different sources and different States before they were
absorbed in the Delhi Higher Judicial Service and it would appear from
the notification mentioned above that while the petitioner Luthra was E
shown at S. No. 7, respondent No. 3 w~ placed at S. No. 8. There-
fore, on a parity of reasoning adopted by this Court in the case cited
above fhe case of respondent No. 3 claiming seniority over the peti-
tioner Luthra cannot be accepted. Thus, the High CoUll inJ recom-
mending that respondentNo. 3 should be treated as senior to the1 peti-
tioner Luthra ·acted against the expvess decision of this Court cited F
above and that the order of the High Court, therefore, was legally
erroneous and if given effect it wonld have been violative of Article
16 of the Constitution.

Moreover, Rule 6(1) of the Delhi Judicial Service Rules runs
• thus:- G
"6(1). For initial recruitment to the service, the Adminis-
trator shall, in consultation with the High Court, appoint per-
sons to the service substantively from amongst the· follow-
mg : -
(a) District Judges and Additional District Judges. func- B
tioning as such in the Union Territory of Delhi on de-
putation from other States".
322 5UPREME COURT REPORTS [1980] 1 S.C.R.

A Clause (a) makes it absolutely clear that persons to the Higbee Ser-
vice would be recruited only from those District and Additional Dis-
trict Judges who were actually functioning in the Union Territory of
Delhi on deputation from other States. It is common ground that on
this crucial date respondent No. 3 was not functioning either lli Dis-

B
trict Judge or as Additional District Judge but was on deputation with ,
the Income Tax Tribunal. In view however of the aJhqavit given by
the respondent No. 3 we refrain from giving any finding as to whether
or not respondent No. 3 was validly appointed because respondent
No. 3 had conceded i\) bis affidavit that he would not press his claim of
seniority over the petitioner and, therefore, we need not take wto con-
c sideration the provisions of rule 6(1) (a) of the Rules.
Thus, on an overall consideration of the various aspects ol the
matter discussed above, we are satisfied that the petitioner Luthra was
senior to respondent No. 3 and was rightly placed above respondent
No. 3 in the initial constitution of the Delhi Higher Judica! Service by
virtue of the notification dated 19th May, 1971, and is, therefore, en"
D titled to such right as he may have and shall be deemed to be senior
to respondent No. 3. The order of the Lt. Governor (Respondent
No. I) based on the recommendation of the High Court treating the
petitioner to be junior to respondent No. 3 is legally erroneous llnd is
quashed as by making respondent No. 3 senior to the petitioner the
right of the petitioner under Article 16 is clearly violated.
E
The petition is accordingly allowed, but in the circumstances of the
case there will be no order as to c:osts.

P.B.R. Petition allowed.

•