ORDER

This appeal by special leave arises from the order of Patna High Court made in C.W.J.C. No. 754/79 on 13.4.1979. The admitted facts are that the appellant was appointed as a Junior Statistical Supervisor in the Department of Statistics. When a temporary post of Sr. Statistical Assistant fell vacant in the Directorate of Special Employment and Planning (for short S.E.P. ), it would appear that on an application made by him and forwarded by the parent department, the appellant came to be appointed to the temporary post as Senior Statistical Assistant by order dated 12.7.1973 and he joined the post on 1.9.1973. It would appear that the post was made permanent on 1.1.1978. On 16.8.1977, when the gradation list of the Senior Statistical Assistants (for short, "S.S.As.") in the Directorate of S.E.P. was prepared, the name of the appellant was not shown therein. The appellant thereon made a representation dated 26.9.1977. By proceedings dated September 28, 1977, Arun Prasad Mandal, the fifth respondent herein, came to be promoted initially as S.S.A. followed by further promotion as Senior Research Assistant (for short, "S.R,A."). The appellant was reverted to the parent Department b