Judgment

S.B. Sinha, J.—The appellants and the private respondents herein were appointed as Lower Division Assistants/Junior Assistants between the period 28.09.1966 and 05.09.1973. Recruitment process was undertaken by the Orissa Public Service Commission in terms of the Orissa Ministerial Service (Method of Recruitment & Conditions of Service of Lower Division Assistant in the Office of the Department of Secretariat) Rules, 1951 (for short, the OMS Rules, 1951). After their appointments, the appointees were recruited in various departments. With a view to avail promotional opportunities, the appointees were required to pass an examination known as ‘STC Examination’. All the employees admitted were promoted after they had passed the said examination. The private respondents passed the examination before the appellants herein and as such they were promoted earlier. On or about 01.01.1984, a Gradation List was published wherein the respondents were shown senior to the appellants herein. The appellants contended that having regard to the fact that seniority of the ministerial officers was to be reckoned on the basis of ranks obtained by them in PSC examination; only because some emplo