S.P. Bharucha, J. -- 1. This is an appeal by special leave which was filed by the High Court of Madhya Pradesh against the judgment and order of a Division Bench of the Madhya Pradesh High Court on a writ petition filed by the first respondent. By reason of the order dated 17.8.1994 the Secretary to the Government of Madhya Pradesh, Law and Legislative Affairs Department, Ministry of Law, was impleaded, upon his own application, as the second appellant.

2. The order under challenge states that the first respondent shall be deemed to have been confirmed in the post of Civil Judge, Class-II with effect from 5.2.1973 and, in that behalf, quashes the resolutions or decisions of the Full Court on 5.2.1973, 27.7.1974, 26.4,1976 and 5.51985.

3. The first respondent was appointed Civil Judge, Class-II having been selected by the M.P. Public Service Commission along with 43 others (who, along with the appellants, were respondents to the writ petition). He was the first in the Commission's merit list. On 23.11.1971, the High Court informed the 1st respondent that he needed to be prompt in disposing of applications for temporary injunctions .and in the matter of delivery of judgments. He a