( 1 ) THIS was a special appeal by the State of Uttar Pradesh and the Director of Education, Uttar pradesh, against an order of Nigam, J. of the Allahabad High Court allowing the writ petition of sri Sudarshan Deo, under Article 226 of the Constitution, praying for the issue of a writ of mandamus directing the appellants to fix his seniority in the graded list of special Subordinate educational Service, U. P. , on the basis of the original date of this substantive appointment in that cadre, that is from March I, 1941. The appeal was heard by a Division Bench, consisting of r. Dayal and B. Upadhya, JJ. The Honble Judges having differed in their opinions they referred two questions to a third Judge for his opinion. Thus, the matter came before M. C. Desai, J. who delivered the following opinion : desai, J. The following two questions have been referred for my opinion :

"1. Whether, in the circumstances of the case, this Court should issue a writ under Article 226 of the Constitution directing the appellants to fix the seniority of Sri Sudarshan Deo, in his service and grade, as determined by the Court?

( 2 ) WHETHER the respondents seniority in the Special Subordinate Service, U. P. ,