U.C. SHARMA, J.

1. This is an application under Article 226 of the Constitution of India seeking to quash the order of the Government dated the 24th of December, 1974 (Annexure 1) by which Respondent nos. 4 to 15 have been accorded seniority above the petitioner in the grade of the Bihar Agriculture Service, Class II (Junior Branch).

2. The petitioner entered the Government service on the 27th of December 1958 as Senior Agronomical Assistant in the time scale of pay of Rs. 140-350, a class III post in the service. While in service the petitioner applied for direct recruitment to the Bihar Agriculture Service, Class II (Junior Branch) through the Bihar Public Service Commission and was appointed to the said service by Notification dated 31st of August, 1962. It is staled that on the 7th of September, 1970 the petitioner was promoted to the Bihar Agriculture Service, Class II (Senior Branch) in the time scale pay of Rs. 325-1155. By order of the Government dated the 12th of January, 1970, the Government decided to absorb respondent nos. 4 to 15 to the Junior Branch of Class II Bihar Agriculture Service. It may be stated that Respondent nos. 4 to 15 were members of the service under the Director of Soil Conservation and were initially recruited in the Directorate of Waste Land Reclamation in the Revenue Department of the State of Bihar and their pay scale was Rs. 175-400. Subsequently, the said Class III posts of Waste Land Reclamation Officer were declared gazetted, out the grade of service, pay and other conditions remained unaltered. As such, it was contended, respondent nos. 4 to 15 entered grade of service of the petitioner only on and from the 12th of January, 1970. By order dated the 24th of December, 1974 however, respondent nos. 4 to 15 were accorded seniority in the cadre of the service of the petitioner on the footing of their initial appointment and the length of service as Waste Land Reclamation Officer which was a post lower in grade than that of the petitioner.

3. The case of the petitioner was that the respondents were in the lower grade of service and pay scale than the petitioner at the time of their absorption in the Bihar Agriculture Service and therefore, is was contended, by giving them seniority over the petitioner, the Government acted illegally and capriciously. The petitioner submitted a representation against the fixation of the seniority as referred to above which remained unresponded. The case of the petitioner further was that when the promotion of the petitioner was made to Senior Class II to the Bihar Agriculture Service on the 7th of September, 1974, though on adhoc basis the respondent nos. 4 to 15 had just entered the Bihar Agricultural Service and therefore they were not considered for promotion, but after the impugned order has been passed, the situation has completely changed and not only the seniority of the petitioner was to be affected but this chance of promotion has also been threatened.

4. The application was contested by the respondents who filed counter affidavits. In their counter affidavit respondent nos. 1 to 3, the State of Bihar and its officers stated that respondent nos. 4 to 15 were in Gazetted class II on a higher pay scale when the petitioner was appointed senior Agronomical Assistant, a class III post on the 27th of December, 1958. Their case was that respondent nos. 4, 6 to 8 and 12 to 15 were initially recruited in the Directorate of Agriculture much prior to the petitioner. It was further stated that the seniority was accorded to the respondents after proper scrutiny in the Department of personnel. It was said that respondent nos. 4 to 15 were working as Waste Land Reclamation officer in the pay scale of Rs. 175-400. Subsequently their posts were declared gazetted after obtaining the recommendation of the Bihar Public Service Commission with effect from the 17th of July, 1958. The petitioner was working in class III post with effect form the 27th of December, 1958.