Rajendra Menon, J.

1. The matter has been placed before this Full Bench in view of an order passed on 22.2.2008 by a Division Bench of this Court in L.P.A. No.1028 of 2007. Before adverting to take note of the reference made and before considering the question involved in the matter, we may take note of certain factual aspects which have relevancy with regard to the issue in question.

2. In the District in question, namely, Begusarai, the Education Department through the District Education Officer, conducted certain recruitment process based on a Circular issued by the State Government on 3.12.1980. Names were called for from the Employment Exchange and for filling up certain vacancies that were available in the District in question on the post of Clerk, the District Education Officer conducted the process of recruitment after requisitioning names from the Employment Exchange and in the year 1990 i.e. on 9.3.1990 made appointments to the post in question. In L.P.A. No.1028 of 2007, the appellant therein Shri Amarish Kumar Singh was appointed on 9.3.1990 and in L.P.A. No.1509 of 2009 the respondent Surendra Prasad Mahto was appointed on 29th of August, 1989. Apart from these