Judgement

FAZAL ALI, J.:- This appeal by certificate is directed against the order of Patna High Court dated January 25, 1974 by which a writ petition filed by the appellants had been dismissed.

2. It appears that the appellants and respondents 5-8 were referred to the Bihar Agricultural Service, Class I. Certain promotions were made in higher category of Class I in which the cases of respondents 5-8 were referred to the Public Service Commission and pending opinion of the Public Service Commission, the respondents concerned were promoted on ad hoc basis. Unfortunately, it appears that the necessary records were not submitted to the Public Service Commission as a result of which the Commission was not able to give its recommendation up-to-date and respondents 5-8 continued to occupy the promotional posts up-till today on a pure ad hoc basis, In view of the lapse of time, the fifth person retired and he has therefore not been made a party to this appeal.

3. The admitted position seems to be that in the Bihar Agricultural Service, there were two classes and several categories of officers according to the nature of their qualifications, experience and other attributes. Initially, the of