JUDGMENT

R.M. LODHA, CJI :

1. It is not necessary to answer the reference for two reasons.

2. In the first place, there is already a three-Judge Bench decision, namely, U.D. Lama and

Ors. Vs. State of Sikkim and Ors., (1997) 1 SCC 111 on the issue referred by the two-Judge Bench. In U.D. Lama, this Court held in paragraphs 20 and 21 of the report as follows :

“20. On the other hand, it cannot be overlooked that the appellants were not appointed by following the regular procedure of appointment. Under Rule 4(1), recruitment could be made to the newly-created State Civil Service by competitive examinations to be held by the Sikkim Public Service Commission. This competition is not confined to persons who are already in government employment. The second method of recruitment is selection from persons "serving in connection with the affairs of the State of Sikkim". In the second category of recruitment, specifically no provision of holding written and viva voce has been laid down. The respondents claim that had the procedure in Rule 4(1)(b) been followed, they would have got into the Service without any examination. But their lawful exception was denied by the failure of the Government to