Petitioners are assistants/ grade I in the Kerala Secretariat Service. Respondents 2 and 3 also belong to that category. They are impleaded in a representative capacity. First petitioner claims seniority over the second respondent and sixth petitioner claims to be the senior of the third respondent. Petitioners and respondents 2 and 3 were originally recruited as Assistant Grade II and they were promoted later as Assistant Grade I. For promotion satisfactory probation and passing of two tests are necessary. Tests are Secretariat Manual Test and Account Test (Lower). Case of the petitioners is that the specified period of probation being three years and as their probation was declared within the said period there is no justification in conferring seniority to respondents 2 and 3 over them on the ground that they were test qualified earlier to the petitioners.

2. Commencement of probation of the first petitioner was on 2-12-1978 and his probation was declared on 3-12-1980. Test qualifications were acquired by him on 7-7-1981. Second petitioner's period of probation commenced on 6-12-1978. Probation was declared on 9-1-1981 and he acquired test qualifications on 14-7-1981.