1. When these two second appeals came up for hearing before a learned Single Judge of this Court, they were referred for decision by a Division Bench. The Division Bench thought that apparently there was a conflict between two Bench decisions of this Court in Ramcharan Mahto V/s. Custodian of Evacuee Property, Bihar, AIR 1964 Pat 275 and State of Bihar V/s. Jiwan Das Arya, 1970 0 BLJR 843 on the question as to whether the right to get a notice under Section 80 of the Code of Civil Procedure (hereinafter called the Code) can be waived or deemed to have been waived under certain circumstances. The Division Bench also thought that the vires of Section 80 of the Code had been challenged; it is, therefore, better that the case should be referred to a larger Bench, This is how these two second appeals came up for hearing before us.

2. The plaintiffs who are Engineers in the Public Works Department of the Government of Bihar challenged certain decision which is said to have been taken by the Cabinet of the Gov- ernment of Bihar on the 17th of January, 1968 in regard to the determination of 4 seniority of defendant No. 4 vis-a-vis the plaintiffs and other questions relating thereto