P.S.Mishra, J.

1. The facts are not in dispute. I propose to narrate only those which relate to salary and scale of pay of the petitioner and of the actions of the respondents in violation of all doctrines and principles applicable to the contract of service.

2. The petitioner herein was selected and appointed as a Civil Assistant Surgeon on 28.5.1955, a post borne in the cadre of State Health Services. The petitioner, however, found that he was entitled to be posted nest below his immediate senior in the service Dr. O.S. Chatterjee in the gradation list. He protested by tiling a suit bearing T.S. No. 21 of 1970 in the Court of the Additional Munsif, Muzaffarpur. The said suit was decided on contest by a judgment dated 23.2.1983 by the Additional Munsif, Muzaffarpur, who held, inter alia, that the petitioner was entitled to be posted as Senior Medical Officer next to Dr. D.S. Chatterjee who was then Civil Surgeon and whose serial No. was 203 in the amalgamated Civil List published in the Gazette, dated 6.3.1963 and accordingly he is entitled to the salary etc. The learned Munsif ordered:

The defendant is directed to appoint the plaintiff in the light of above declaration wi