JUDGMENT

K. JAGANNATHA SHETTY, J. :— These two appeals by special leave are by the State of Maharashtra. They are directed against the judgment of the High Court of Bombay dated 12th January, 1983 by which the High Court issued the following two directives to the State Government :

"(1) To recast the Revised/Final seniority list dated 20-12-1982 vis-a-vis the persons shown in the category of Late Passing and assign them seniority strictly in accordance with Rule2 and the other Government orders referred to in Paragraph 96 of the judgment; and

(2) The seniority in the Superintendents. cadre so fixed should also be considered as seniority for further promotions."

2. The background to these directives is, in outline, this : Respondents 1 to 8 are Assistant Secretaries/ Section Officers/ Superintendents in different departments of the Government of Maharashtra. The State Government prescribed departmental examinations as a condition precedent for promotion to the cadre of Superintendents. The examinations were required to be conducted every year, and the officials have to pass within the stipulated period. Those who could not pass within the time-frame would lose their seniority but they