(1) APPELLANT herein was recruited as Judicial Magistrate, lind Class and joined the said post on 4.12.1981. On 30th May, 1983 he was temporarily promoted to the post of Magistrate, 1st Class. Rule 12 of Criminal Judicial Service Rules (hereinafter referred to as Judicial Service Rules) provides that every person appointed to the service either by direct recruitment or by transfer would be placed on probation for a total period of two years on duty within a continuous period of 3 years and if appointed according to terms of appointment such officers like the appellant were required to pass an examination during the period of probation. In the test held in December, 1984 the appellant was unsuccessful. As a result of the examination, a panel of successful officers was prepared for promotion to the post of Magistrate, 1st Class. The officers on the said panel were junior to the appellant. Since the appellant could not pass the examination his period of probation was extended from 9.5.84 to 9.5.85. By an order dated 30th March, 1985 the appellant was reverted to the post of Judicial Magistrate, lind Class. Subsequently, the petitioner passed the examination and the result was