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

1. This writ application has been filed on behalf of the petitioners for quashing a notification dated 8-10-1988 issued by the Bihar state Electricity Board (hereinafter referred to as the Board) absorbing Sri arjun Lai, respondent No.3, in the cadre of Deputy Director of Accounts of the Board with effect from 19-8-1983.

2. Petitioner Nos.1 to 5 and 7 to 9 were promoted from the post of accounts Officer to the post of Deputy Director of Accounts between 2-5-1986 and 18-3-1988. So far petitioner No.6 is concerned, he was appointed as deputy Director of Accounts by process of direct recruitment on 12-8-1986. According to the petitioners, the absorption of the respondent No.3, from the cadre of Assistant Electrical Engineer (Selection Grade) to the cadre of deputy Director of Accounts of the Board by the impugned notification is not only against the provisions of the Bihar State Electricity Board Service regulations, 1976 (hereinafter referred to as the Service Regulations) but also affects the seniority of these petitioners. In other words, as petitioners bad entered into the cadre of Deputy Director of Accounts on diiferent dates between 2-5-1986 and 18-3-198, the said respondent Mo.3 could not be absorbed on 8-10-19and8 in that cadre with effect from 19-8-1983 superseding the petitioners as Deputy Director of Accoutg.

3. There is no dispute that the said respondent No.3 was a member of the cadro of the Assistant Electrical Engineer of the Board. On 31-12-1980 an office order was issued by the Board, which is as follows ;

"office Order No. II/acctts-Apptt-lc9/80 5478/eb Dated 31-12-1980. Shri Arjun Lai, Assistant Electrical Engineer (Planning) Boards headquarters, Patna, will remain incharge of the post of Deputy director of Accounts (Planning) created vide officer order No 559 dated 1-2-1980, in addition to his own duties, until further orders. By order of the Bihar State electricity Board sd/- illeg.30-12-1980 (A. K. Choudhary)Secretary a copy of the aforesaid office order is Annexure-E to the counter affidavit filed on behalf of the said respondent No.3. The impugned notification dated 8-10-1988 is as follows :

"in pursuance of the Boards Respondents No. (sic) dated 5-10-1988, Sri arjun Lai, a permanent Assistant Electrical Engineer (Selection grade) of the Board, who has been working as Deputy Director of Accounts (Pig) as the Boards Headquarters, Patna since 31-12-1980 is absorbed as Deputy Director of Accounts in the pay scale of Rs.1700-70-2400/- in the cadre of Deputy Director of accountants of the Board with effect from 19th August, 1983. By order of the Bihar State electricity Board sd/- Illeg.18-10-1988 (N. K. Pande)Secretary

4. The stand of the respondents is that although respondent No.3 had been appointed as an Assistant Electrical Engineer, but as he had been working against the post of Deputy Director of Accounts since the issuance of the aforesaid office order dated 31-12-1980, it was though just and proper to absorb him in the cadre of Deputy Director of Accounts with effect from 19-8-1983.

5. It is always open to the appointing authority to decide the mode of recruitment to a particular service. The two well known modes of recruitment are by process of direct recruitment and promotion. But if any other procedure is adopted by an appointing authority, such procedure must fulfil the requirement of Articles 14 and 16 of the Constitution. It must be reasonable and should not affect the rights of others in the service. Where the appointments are governed by any statutory rules 01 regulations, then the appointing authority has to follow the procedure prescribed by such rules and regulations. As the service Regulations referred to above have been framed under Sec.79 (c) of the Electricity (Supply) Act, 1948, it should be considered as to whether under said regulations it was permissible to absorb respondent No.3 from the cadre of Assistant Electrical Engineer to the cadre of Deputy Dire