The case set up in the petition is that petitioner was working as Camp Clerk in the office of Assistant Excise and Taxation Commissioner, Ludhiana along with respondents no.4 and 5. Petitioner is admittedly senior to the private respondents. In exercise of powers conferred under Article 309 of the Constitution of India, Punjab State Assistant Grade Examination Rules, 1984 ( for short “the Rules) were framed, which provided for eligibility for promotion to the post of Assistant. Rule 4 of the Rules provided that in addition to the fulfillment of the qualifications and experience prescribed for appointment by promotion to the post of Assistant, a candidate was required to qualify a test as well. Though respondents no.4 and 5 cleared the test as prescribed under the Rules in 5th chance whereas petitioner qualified the same in 6th chance, however, giving priority to the candidates who had qualified the test in 5th chance, their names were approved for appointment as Accountants before the claim of the petitioner, who was otherwise senior to them in the seniority list and was available for consideration. Representation made by the petitioner for redressal of his grievance also remained fruitless.
