JUDGMENT

FAZL ALI, J.:— This is an appeal by special leave by the State of Madhya Pradesh against the judgment of the Madhya Pradesh High Court dated September 20. 1969, by which the final gradation list of seniority of certain officers prepared by the Government following the integration of the Madhya Pradesh State after merging the erstwhile States of Maha Koshal, Madhya Bharat, Vindhya Pradesh and Bhopal has been partially quashed. The respondent in whose favour the High Court decided the case is already dead and has therefore no interest in the result of the proceedings. But as the gradation list has been struck down by the High Court, the Government as also the officers who had been given a particular seniority are undoubtedly affected by the order of the High Court. That is why both the State of Madhya Pradesh and the Union of India have pressed this appeal.

2. The facts of the case lie within a very narrow compass. In 1938 the respondent Rameshwar Prasad was recruited as Excise Sub-Inspector by the then Government of C.P.and Berar. On June 1 1947, 215 the Sales tax Act came into force in the erstwhile State of Maha Koshal and in 1948 the respondent was promoted as Assistant