( 1 ). Special leave granted.

( 2 ). In the instant case respondent no. 1 was appointed by way of direct recruitment to the State Civil Service on probation for two years on 10/1/1980. The Rules provided that every probationer had to pass a departmental examination during his probation period without which he could not be confirmed.

( 3 ). It is not in dispute that respondent No. 1 could not pass this examination. Respondent Nos. 2-16 who were junior to him did pass their examination and thereafter respondent Nos. 17-38 who were also junior to respondent No. 1 passed their examination.

( 4 ). On 19/01/1984 respondent No. 1 finally passed his departmental examination and he was confirmed and given seniority with effect from that date. The said respondent then made a representation on 5- 12-90 that he should be assigned seniority w. e. f. 11-2-82 and not w. e. f. 19-1-84. The State government rejected this claim. The respondent No. 1 filed a petition before the State Administrative tribunal. The tribunal came to the conclusion that the seniority of the said respondent should be fixed w. e. f. 12- 2-82. A writ petition was filed by the appellant but the same was summarily dismissed.

(