B.D.Singh, J.

1. This application has been filed by the petitioners, namely, Sri Gaya Prasad Pandey, Assistant Superintendent of Commercial Taxes, and Sri Triloki Nath, Assistant Treasury Officer, for an appropriate writ and order, quashing the fixation of the seniority of the petitioners and respondents 2 to 21 as contained in the gradation list (Annexure F) and for a writ of mandamus directing the State of Bihar (respondent No. 1) to fix the seniority of the two petitioners in accordance with the provisions contained in Rule 39 of the Bihar Finance Service Rules, 1953 (hereinafter referred to as the Rules).

2. In order to apperciate the point involved in this application, it will be necessary to summarise the facts stated by the parties. According to the petitioners, they were appointed on the 2nd February, 1957, on probation to the junior branch of the Bihar Finance Service as a result of a competitive examination held in the month of December, 1955, in accordance with the rules in part II of the Rules. A copy of the notification dated the 2nd February, 1957, by which the petitioners were appointed has been annexed as Annexure A to their petition. They were confirmed to