Das, J.

1. These two applications have been heard together and will be governed by this judgment. The two petitioners are Brajnandan Prasad and Harinandan Lal. Brajnandan Prasad was appointed as a temporary clerk in the Industries Department of the Government of Bihar on 18-9-1943. The appointment was temporary for one month with effect from 15-9-1943. Harinandan Lal was also appointed as a temporary assistant in the same department on 22-9-1943. Later on, 8-2-1949, these two petitioners were appointed to two temporary posts in the Upper Division in the said department. The appointment was made by means of an order, being Order No. 13S3, dated 19-2-1949. The order was in these terms:

"Department of Industries Bihar. Order No. 1383 6A-4-49 Patna, dated 19-2-1949. Sri Brijnandan Prasad and Harinandan Lal are appointed to the post of temporary Uppar Division Assistants in the scale of Rs, 120-8-200 plus the cost of living allowance as admissible under the rules with effect from 8-2-1949. Sd/S. M. Ali. Addl. Director of Industries, Bihar."

On 54-11-1949, a first information was given by one Mr. J. Dayal, the then Deputy Director of Industries, Bihar to the Senior Superintendent