S.C.Mookherji, J.

1. These four applications involving question of inter se seniority between Judicial Officers of two batches appointed under the ad hoc Recruitment Rules of 1974 (hereinafter referred to as the 1974 Rules) and pursuant to 15th Judicial Service Examination under Bihar Judicial Officers (Recruitment) Rules, 1955 (in short 1955 Rules) have been heard together and are being disposed of by this common judgment.

2. Writ petitioners of C.W.J.C. Nos. 4759/87 and 1043/188 have been appointed under the 1974 Rules. The petitioners of C.W.J.C. Nos. 1686/87(R) and 233/88(R) have been appointed under the 1955 Rules. They have challenged the decision of the Standing Committee of High Court of Patna, respondent No. 2 reversing its earlier decision dated 14-6-1985 and placing respondents 3 to 35 of C.W.J.C. No. 4759/87 (hereinafter referred to as respondents only) above them in the gradation list.

3. The petitioners of C.W.J.C. Nos. 1686/87(R) and 233/88 (R) have been appointed in the reserved quota for the Scheduled Castes and Scheduled Tribes under 1955 Rules and they have also challenged the seniority of the respondents i.e. 3 to 35 of C.W.J.C. No. 4759/87, who were appointed subsequent to them against reserved quota. Accordingly prayer has been made for issuance of a writ of mandamus or any other appropriate writ directing the High Court of Patna to implement its earlier decision in the matter of inter se seniority in the light of the decision of this Court in C.W.J.C. No. 6126 of 1985 and of the Supreme Court in S. L. P. (Civil) Nos. 8698, 9354 and 11565 of 1986.

4. The Rules referred to above have been framed in exercise of the powers conferred by Article 234 of the Constitution by the Government of Bihar in consultation with the High Court of Judicature at Patna and Bihar Public Service Commission (hereinafter referred to as the Commission).

5. The State Government in the year 1973 took a decision to create 152 temporary posts of Munsifs on ad hoc basis in the Bihar Civil Service (Judicial Branch) and on 18-5-1974, 1974 Rules were framed. On 14-10-1974 advertisement for appointment against the said created 152 posts were issued in terms of 1974 Rules. The petitioners of C.W.J.C. No. 4759 of 1987 and C.W.J.C. No. 1043 of 1988 along with others applied and on 23-5-1975 on the basis of the recommendation of the Commission, notification was issued by the State Government appointing the petitioners and others on ad hoc basis under 1974 Rules as Munsifs for a period of six months from the date of issuance of the notification.

6. By two notifications dated 17-11-1975 and 23-2-1976 the Munsifs, who had been appointed under 1974 Rules for a period of six months were again appointed Munsifs on ad hoc and purely temporary basis without limitation of period of appointment unlike the earlier notification. By a Government notification dated 22-11-1985, they were confirmed with effect from 1-9-1980.

7. Before the ad hoc appointments could be effected the State Government had already taken steps to appoint 200 Munsif created for the year 1972 by two notifications i.e. 100+100 in accordance with the provisions of 1955 Rules of which 152 posts were for general category candidates and the rest 48 posts were reserved for Scheduled Castes and Scheduled Tribes. For that purpose 15th Competitive examination was held. The Commission, as contained in annexure R-1 to C.W.J.C. No. 4759 of 1987 submitted a merit list of the successful candidates numbering 241. Only 15 candidates out of the reserved quota were nominated as no other suitable candidate of that quota was available. Out of the said candidates 158 persons, in terms of 1955 Rules were appointed as Munsifs on temporary basis against the posts created for the year 1972 before the appointments of the present petitioners between 18-3-1975 to 22nd May, 1975. On the basis of that 15th Competitive examination nine more candidates were appointed under 1955 Rules against the temporary po