1. THE Rules mentioned above have been referred to the Division Bench by A. K. Sen, J. in view of the questions of public importance involved therein. The petitioners in Civil Rule No. 5165 (W) of 1970, who are lower Division employees in the Government of West Bengal. have challenged as ultra vires certain amendments made with retrospective effect in the recruitment Rules of the clerical services of the West Bengal secretariat as also other notifications, rules and regulations framed under proviso to Article 309 and Article 320 of the Constitution. The ground for challenge, inter alia, is that the said amendments have been made for the specific purpose of regularising the temporary appointments otherwise invalid of about 1100 Lower Division clerks and typists with effect from November 1, 1966. These employees by another Rule framed under proviso to Article 309 of the constitution were also conferred seniority from the said date to the great prejudice of the petitioners. The said employees in their turn have challenged the seniority rule in Civil Rule No. 1330 (W)of 1971 claiming seniority from the dates of their respective appointments. Common questions of fact and law hav