Sarwar Ali, J.

1. These two writ applications have been referred to the Full Bench to consider the correctness of a Bench decision of the Court in Shri Rajib Ranjan Pathak V/s. State of Bihar (C.W.J.C. 290 of 1969) decided on 28th April, 1970. In this case the Bench interpreted the State Government Circular No. 6509-A dated 12-12-1934 in relation to the determination of seniority of officers in State and Subordinate Services where more than one officer is appointed to the service at the same time. Since by virtue of the notification issued by the State Government (Notification No. 3555-3, 27/50-A dated 15-4-1950) the aforesaid notification of 1934 has the force of rules made under Article 309 of the Constitution of India, I shall refer to the said notification as the 1934 Rules.

2. Both in the State Services as well as in Subordinate services a number of posts are permanent. Temporary posts are also created from time to time which, according to exigency of the services, may be made permanent at a later stage. Appointments to permanent posts are sometimes on substantive basis, and in some cases on probation, officiating or temporary basis. The probationary and officiating ap