1. The present petition has been preferred mainly against the order dated 03.02.2010 (Annexure10 to the memo of petition) as well as the order dated 26.12.2007 (Annexure10/1 to the memo of petition) whereby it has been decided by the respondents that the petitioners' appointment as Overseer in the year 197879 was a promotion and, therefore, the time bound promotion given to the petitioners was not due at the relevant time and, therefore, the same has been ordered to be withdrawn by annexure10 to the memo of petition.

2. Counsel for the petitioners submitted that initially the petitioners were appointed as Kit Palak in the year 1978. Thereafter, as stated in paragraph 5 of the memo of petition, a public advertisement was issued in a daily local dated th November, 1976 for the appointment of the Overseer in the Department of Industries of the then State of Bihar. Petitioners applied for the post through Employment Exchange. After due process of law, the petitioners were selected. It is further submitted by the counsel for the petitioners that total 160 candidates were selected for the post of Overseer. A panel was prepared. Petitioners' name were included in the selected list