Judgment

RAY, J.:- Arguments heard. Special Leave granted.

2. This appeal on Special Leave is directed against the Judgment and Order dated April 1, 1987 passed by the High Court, Patna in C.W.J.C. No. 4097/1985 allowing the writ petition in part. The subject matter of the writ petition is the gradation list dated 9-1-1986 of the Inspectors of Excise by which the Government of Bihar has finally fixed the inter se seniority of the petitioners (respondents in this Appeal) who were promoted visa-vis the respondents Nos. 3 and 4 (appellants in this appeal) who are promoted to posts of Inspectors of Excise in 5 quota for promotion from the posts of Upper Division Assistants of Excise Department in the said Civil Writ Petition.

3. The matrix of this case in short is that the appellants Nos. 1 and 2 who were respondents 3 and 4 of the writ petition were promoted to the posts of Excise Inspectors from among the Upper Division Assistants of the Excise Department against the vacancies of the year 1974-75 and they joined as Inspectors of Excise on May 7, 1976. The respondent Nos. 3 and 4 who were Sub-Inspectors of Excise were promoted on 24-4-74 in the vacancy of the year 1974-75 by the Commiss