U.N.Sinha, J.

1. This writ application has been filed by five members of the Indian Administrative Service, under Arts. 226 and 227 of the Constitution of India. The Original prayer was for a writ, order or direction quashing a notification passed by the Government of Bihar, dated the 26th November 1970, a copy of which has been given as Annexure 2. The notification had declared that Sri Ram Sevak Mandal, Posted as Additional Chief Secretary to the Government, was appointed to work as the Chief Secretary to the Government of Bihar.

(The notification as given in Annexure 2 runs thus: "Sarkar ke apar mukhya sachib ke rup me padsthapit Sri Ram Sevak Mandal. Bha. Pr. Se. (sic) Bihar sarkar ke mukhya sachib ke rup me karya karane ke liye niyukt kiye jate hain.")

2. It will be convenient to quote the original prayer made in the writ application in its entirety at this stage.

"It is, therefore, most humbly prayed that your Lordships may be graciously pleased to issue a rule and writ on the respondents to show cause why an appropriate writ, order or direction should not be issued quashing the impugned order at Annexure 2 and further be pleased to direct respondent Nos. 1, 2 and 5 to forbear from giving effect to the said order (Annexure 2) and be pleased to direct respondent No. 4 to forbear from holding the post of Chief Secretary to the Government of Bihar, and be pleased to issue a writ of mandamus directing respondent Nos. 1, 2 and 5 to fill up the post of Chief Secretary to the Government of Bihar by an assessment of the merit and seniority of these petitioners and other senior officers of the Service eligible for such promotion to the post of Chief Secretary to the Government of Bihar, in accordance with the law, and upon return of the writ and the rule, on hearing the counsel of the petitioners and such cause as may be shown be pleased to make the rule and the writ absolute."

3. The State of Bihar has been impleaded as respondent No. 1, Sri Daroga Prasad Roy, the then Chief Minister, Bihar, has been impleaded as respondent No. 2 and Secretary to the Government of Bihar, Appointment Department, has been impleaded as respondent No. 5 (Several members of the Indian Administrative Service, who had originally been impleaded as respondents Nos. 6 to 27 have been expunged from the record and the description of Sri Daroga Prasad Roy has been changed from Chief Minister, Bihar. to ex-Chief Minister, Bihar.).

4. The writ application was filed on 18th December 1970 and on 4th January 1971 a supplementary petition Was filed on behalf of the petitioners making an additional prayer to the effect that an order incorporated in Annexure 10, dated the 28th December 1970 be also quashed. The substance of the order incorporated in Annexure 10 is to the effect that Sri Ram Sevak Mandal, then posted as the Additional Chief Secretary, was appointed to work as the Chief Secretary from 23rd June 1970 to 25th November 1970, in addition to his duties. (The order as given in Annexure 10 is reproduced below:

"Sarkar ke tatkalin apar mukhya sachiv ke roop me padasthit Shri Ram Sewak Mandal, Bha, Pra. Se apne kar-tabyon ke atirikt dinank 23rd June, 1970 se 25 November, 1970 tak mukhya sachiv ke roop me karya karne ke liye niyukt kiye jate hain.")

Thus petition has now become part of the original writ application.

5 The relevant facts, on which this case is based, are to be found in certain paragraphs of the original writ application and they are reproduced below:

"3. That under the Statutory Rules, the cadre of the Service, in the State of Bihar, consists of a number of senior posts, which includes, amongst others, the posts of Member, Board of Revenue, Chief Secretary to Government, Development Commissioner and Commissioner of Divisions. The time scales of pay sanctioned for the members of the Service, under the Statutory Rules are:-

- Junior scale Rs. 400-1,000.

Senior scale Rs. 900-1,800.

For officers in the senior scale there is a Selection Grade