JUDGMENT :

Ray, J. This appeal by special leave arises out of the judgment and order passed in Civil Miscellaneous Writ Petition No. 1080 of 1973 by the High Court of Allahabad delivered on 6th May, 1981. While the writ petition was allowed in part a writ in the nature of certiorari quashing the gradation or seniority list annexures 1, 2 and 28 to the writ petition was directed to be issued. There was a further direction for the issue of a writ of mandamus commanding the opposite party No. 1, the State Government to prepare a fresh seniority list in accordance with law in the light of the observations made in the said judgment, within a period of three months and thereafter to take other consequential steps.

2. The crucial question of controversy in this appeal relates to the determination of seniority between the respondents i.e. in writ petition who are all appointed as temporary Assistant Engineers in the United Provinces Service of Engineers (Buildings and Roads Branch) and subsequently made permanent therein and the appellants appointed on probation in the permanent posts of Assistant Engineers reserved for toppers of the Thomson College of Civil Engineering later incorporated i