Dev Raj Gupta vs State Of Punjab And Ors.

The Supreme Court upheld the Punjab & Haryana High Court's decision, stating that the appellant's past service as a clerk in the Office of the District & Sessions Judge cannot be counted for seniority in the Office of the Deputy Excise and Taxation Commissioner. The Court clarified that the recruitment and seniority are governed by the Punjab Excise and Taxation Department Subordinate Officers (Ministerial Class III Service Rules) framed under Article 309 of the Constitution, which defines 'service' and stipulates that seniority is determined by the date of continuous appointment. Consequently, the appeal was dismissed as the appellant's service prior to January 4, 1977, does not qualify for seniority consideration.