JUDGMENT

SARKARIA, J.:—Respondents 1, 2 and 3 herein made an application under Article 226 of the Constitution alleging that the decision of the Bihar State Government fixing the seniority of Respondents 4 below Shri C. P. Singh (Respondent 5) and Shri E. Rehman (Respondent 6) and above the applicants, in the cadre of Bihar Superior Judicial Service was illegal and ultra vires. They prayed for a writ of mandamus, direction or order quashing the same and directing the State Government to revise the applicant s seniority vis-a-vis the opposite parties, (Respondents 4, 5 and 6 herein).

2. The applicants also challenged the upgrading of the posts of Deputy Registrar, Patna High Court and the Secretary, Bihar Legislative Assembly with effect from June 17, 1959 till the posts were held by Respondents 5 and 6, respectively. 405

3. A Full Bench of the High Court, partly allowed the writ application and quashed the order of the State Government placing Respondent 4 below Respondents 5 and 6 in seniority. The material facts were these :

4. Respondents 4, 5 and 6 were appointed as Munsifs on the same date under one notification. On April 25, 1959, these three officers were holding the posts of