JUDGMENT

RAY, J. :— These two appeals were filed against the common judgment and order dated 29th July, 1978 made by the Division Bench of the High Court at Patna in C.W.J.C. No. 756 of 1977 whereby the High Court quashed the orders of the Government contained in Annexures 8, 9 and 10 to the writ petition. The facts unfurled from the writ petition are as follows:-

The respondents Nos. 1 to 5 in these appeals (the petitioners in the writ petition) were directly appointed in the Bihar Engineering Service Class II as Assistant Engineers of the Irrigation Department on the recommendation of Bihar Public Service Commission and were posted in River Valley Project in 1961. The respondents Nos. 6 to 23 in C. A. No. 232 of 1978 (who are appellants in C.A. No. 233 of 1978 and respondents Nos. 5 to 22 in the writ petition) were working at that time as Overseers in the Bihar Subordinate Engineering Service (Irrigation Department). On 7th April, 1958 the Governor took a decision under rule 2 of the Public Works Department Code that 25% of the posts in the Bihar Engineering Service, Class II shall be filled up by promotion, subject to availability of suitable hands. Thus, out of the total vacancies in Bihar Engineering Service, Class 11, 75% of the vacant posts as determined by the Government will be filled up by direct recruitment and 25% of the vacant posts will be filled up by promotion subject to availability of suitable candidates. By notification dated 18th July, 1964/27th August, 1964, respondents Nos. 6 to 13 in C. A. No. 232 of 1978 (appellants Nos. 1 to 8 in C. A. No. 233 of 1978 and respondents Nos. 5 to 12 in the writ petition) who were members of the Bihar Subordinate Engineering Service (Overseers) were promoted to the post of Assistant Engineer in Class II and by another notification dated 21st July, 1969, respondents Nos. 14 to 23 in C. A. No. 232 of 1978 (appellants Nos. 9 to 18 in C.A. No. 233 of 1978 and respondents Nos. 13 to 22 in the writ petition) were also promoted to Bihar Engineering Service, Class II as Assistant Engineers. On February 26, 1969, a seniority list of Assistant Engineers was published by the Department wherein the names of the respondents Nos. 1 to 5 (the petitioners) were mentioned at Sl. Nos. 170, 199, 208, 211 and 226 and the names of the respondents Nos. 6 to 23 (respondents Nos. 5 to 22 in the writ petition) were mentioned at Sl. Nos. 253, 254, 256 to 262, 687 to 695 and 701 respectively. The respondents Nos. 6 to 23 were thus shown as juniors to the respondents Nos. 1 to 5 (the petitioners). The respondents Nos. 6 to 23 feeling aggreived by the said seniority list made representations claiming seniority over respondents Nos. 1 to 5. On 3rd May, 1972 the State of Bihar constituted a Committee known as Ramanand Committee by a resolution to consider the inter se seniority of Civil Engineers including the Assistant Engineers. On April 19,1973 the Ramanand Committee submitted a report making certain recommendations. It was alleged that a revised seniority list was prepared wherein the respondents Nos. 1 to 5 were shown juniors to the respondents Nos. 5 to 23. This, of course, has been denied in affidavit-in-counter filed on behalf of the Government (appellants in C.A. No. 232 of 1978, respondents Nos. 6 to 9 inC. A. No. 233 of 1978, and respondents Nos. 1 to 4 in the writ petition). On 21st of July, 1975, an order was made whereby the date of promotion of respondents Nos. 6 to 13 was changed from 21st July, 1962 to 27th February, 1961 thereby making the respondents Nos. 1 to 5 juniors to respondents Nos. 6 to 13. This order is contained in annexure 8 to the writ petition. In other words, the respondents Nos. 6 to 13 were promoted retrospectively from the said date. The respondents Nos. 1 to 5 made representations to the State against it but the State Government instead of redressing their grievances made another order of January 20, 1976 (annexure 9 to the writ petition) re-fixing the seniority of re