ORDER

1. The appellants were directly recruited as Assistant Engineers (Mechanical) in the Public Health Engineering Department of the State of Bihar. The contesting respondents were initially appointed as Engineering Assistants (Civil) and on the basis of the 8.33 per cent quota fixed for them for promotion to the next higher post of Assistant Engineers, they were promoted as Assistant Engineers (Mechanical) on different dates, but were given retrospective promotion w.e.f. August 22, 1970. Respondents 4 and 6 wereinitially promoted on July 22, 1972 whereas respondent 5 was promoted on June 26, 1976. Respondents 4 and 6 were promoted retrospectively w.e.f. November 12, 1971 and April 15, 1972 respectively whereas Respondent 5 was promoted w.e.f. February 1, 1972. By a further order dated December 28, 1978 all the three respondents were granted promotion retrospectively w.e.f. August 22, 1970. On the basis of this retrospective promotion w.e.f. August 22, 1970, they were shown as seniors to the appellants in the gradation list prepared by the State Government. The appellants, therefore, challenged the gradation list essentially on two grounds, namely, (1) that promotion could not hav