Judgment

PALEKAR, J.:- In these appeals the challenge is to the seniority list of Income-tax Officers prepared by the Central Board of Revenue in pursuance of the orders of this Court in Civil Appeal No. 1038 of 1965 and Writ Petition No. 5 of 1966. The appeal referred to was filed by one Jaisinghani and the Writ Petition by one Mohan Chandra Joshi - both of whom had been directly recruited as Income-tax Officers, Class I, Grade II. The two proceedings were heard together and were disposed of by a common judgement dated February 22, 1967 and a mandamus in similar terms was issued in the two proceedings. These cases have been reported as S. G. Jaisinghani v. Union of India (1967) 2 SCR 703. For the purposes of the present appeals, we shall set out below the order passed in Jaisinghani s case (P. 718).

"We are accordingly of the opinion that promotees from class II, Grade III to Class I, Grade II Service in excess of the prescribed quotas for each of the years 1951 to 1956 and onwards have been illegally promoted and the appellant is entitled to a writ in the nature of mandamus commanding respondents 1 to 3 (1) Union of India (2) Secretary to the Government of India in the Ministry of