( 1 ) THIS is an appeal against an order of a learned Judge of this Court dismissing a petition filed by the appellant under Article 226 of the Constitution.

( 2 ) THE appellant was employed as an Inspector in the Central Excise Department. On 20-8-1952 the Central Government issued a notification declaring that it had created a selection grade of excise Inspectors and the selection grade would constitute 15 per cent. of the total cadre of inspectors. In pursuance of the above notification on 27-2-1953, the Collector of Central Excise allahabad, passed an order appointing the appellant and 59 others to the selection grade, and these appointments were to take effect from 1-8-1952. In making these appointments the Collector had passed over a number of Senior Inspectors and they made a representation to the Central Board of Revenue and to the Government of India against the appointments made by the Collector. The representations were considered by the government and it came to the conclusion that the Collector had not made the appointments on proper basis, as he had not taken seniority into consideration at all and the selection should have been based on considera