N. P. Singh, A. C. J.

1. The petitioner has tiled this writ application for quashing a communication dated 21-11-1986 issued by the special Secretary, department of Animal Husbandry and Fisheries, saying that the Bihar Animal husbandry Service Class I (special Category) shall be a basic cadre of the said Department. A copy of the said communication is Annexure-7. The petitioner has also questioned the validity of a notification dated 3-12-1987 issued by the same Department notifying a gradation list of officers directly appointed or promoted to the newly created cadre of the Bihar Animal husbandry Service Class I (Special Category) A copy of that notification is Annexure-13.

2. The petitioner was appointed in the Bihar Animal Husbandry Service class I by a notification dated 6-7-1966 issued by the Department of Animal husbandry. Respondent No.5 was appointed as Class III Officers in Bihar animal Husbandry Service. He joined in the year 1972. On 7-6-1973 the department notified a final gradation list of the officers in Bihar Animal husbandry service class I. In that gradation list the name of the petitioner was mentioned against serial no.37. As on that date respondent no.5