JUDGMENT

VENKATARAMIAH, J.:—The appellant in Civil Appeal No. 5999 of 1983 is Shri B. V. Chavan and the appellant in Civil Appeal No. 6000 of 1983 is Shri A. A. Halbe. The appellants in these two appeals are members of the Judicial Service of the State of Maharashtra. They were originally appointed as Civil Judges (Junior Division) and Judicial Magistrates First Class in the Junior Branch of the Maharashtra State Judicial Service. Both of them in course of time were promoted in the year 1971 as Assistant Judges in the Senior Branch of the Maharashtra State Judicial Service. When they were both working as Assistant Judges, applications were invited from members of the Bar for filling in five posts of officiating Assistant Judges in the Judicial Service of the State of Maharashtra although the applications could be invited only for the purpose of recruitment to the cadre of District Judges. Respondents Nos. 2 to 5 Shri I. G. Shah, Shri B. S. Bhirud, Shri H. H. Kantharia and Shri A. D. Mane along with many others applied for the same. Ultimately respondents Nos. 2 to 5 were selected by the High Court and on the recommendation of the High Court, the Governor appointed them as Assistant