Judgment

DUTT, J.:- The only point that is involved in one of these two appeals by special leave, namely, Civil Appeal No. 39 of 1981, which is the only effective appeal, relates to the seniority between the appellant Dr Ramesh Chandra Sinha and the respondent No. 4 Dr. P. K. Verma. The appellant has also challenged the seniority of Dr. S. L Mandal, respondent No. 3 in Civil Appeal No. 39 of 1981, and Dr. J. Alam, respondent No. 1 in Civil Appeal No. 40 of 1981. But, Mr. Tapas Roy, learned Counsel appearing on behalf of the appellant in both these appeals, expressly given up the challenge in respect of these two persons. We are, accordingly, concerned with the question of seniority between the appellant and Dr. P. K. Verma in Civil Appeal No. 39 of 1981 and, as the appellant does not press the case against Dr. J. Alam, the Civil Appeal No. 40 of 1981 is infructuous and liable to be dismissed.

2. Both the appellant and Dr. Verma are Plastic Surgeons. By an order dated September 29, 1978, the State Government appointed the appellant, Dr. S. L Mandal and Dr. P. K. Verma, the Associate Professors of Plastic Surgery in the Patna Medical College. In the said order, the name of the appellan