LETTERS PATENT APPEAL No.595 of 2007 1. Prakash Ranjan Kumar son of Sri Krishnadeo Prasad, at present working as Regional Deputy Director of Education, Magadh Division Gaya. 2. Sanjeev Suman, son of late Dr. Rajendra Prasad Singh, at present working as Deputy Director Training, Government of Bihar, Patna 3. Mukhdeo Singh son of Sri Ramjee Singh, at present working as Deputy Director, Primary Education, Bihar, Patna. 4. Arun Kumar Sharma, son of late Shyam Chandra Prakash Singh, at present working as Deputy Director, Secondary Education, Bihar, Patna. .....Appellants Vs. 1. The State of Bihar through Additional Secretary, Government of Bihar, Personnel and Administrative Reforms Department, New Secretariat, Bailey Road, Patna. 2. Secretary cum Commissioner, Human Resources Development Department (Education) Government of Bihar, New Secretariat, Patna 3. The Director Administration, Human Resources Development Department, Government of Bihar, New Secretariat, Patna ...Respondents 1s set 4. Shri Kaushal Kishore Prasad, at present working as District Education Officer, Sheohar, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 5. Shri Mahesh Chandra Patel, at present working as District Education Officer, Sitamarhi, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 6. Shri Khursid Alam, at present working as Secretary, Bihar State Madarsa Board, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 7. Smt. Abha Kusum Tirky, at present working as Deputy Director of Primary Education, Ranchi (Jharkhand) 8. Smt. Maya Rani Pal, at present working as Librarian, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna. .....Respondent 2nd Set 9. Sri Ranjit Singh, at present working as Personal Assistant to Science & Technology Minister, Jharkhand 10. Shri Pran Kumar Jha, at present working as Assistant Director, Primary Education C/o Director, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 11. Shri Leela Kant Mishra, at present working as DMEO, Supaul C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 12. Prakash Nand Mishra, at present working as Deputy Director, Primary Education C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 13. Shri Rabindra Nath Pandey, at present working as District Superintendent of Education, Darbhanga C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 2 14. Shri Prakash Jha, at present working as Assistant Director, Primary Education, C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 15. Shri Yogesh Chandra Singh, at present working as District Superintendent of Education, Betia, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 16. Shri Sushil Srivastava, at present working as Principal, PTEC , Tikapatti, Katihar C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 17. Shri Ranjit Singh, at present working as DMEO, Bhabhua, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 18. Shri Shashi Bhushan Sahay, waiting for posting Statistical Officer, SCERT, Mahendru C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 19. Shri Dharma Deo Rai, at present working as District Superintendent of Education Dhanbad, C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 20. Shri Sachchita Nand Prasad, at present posted as Principal, PTEC, Sri Nagar, Purnia C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 21. Shri Chandra Shekhar Kumar, at present working as District Superintendent of Education, Aurangabad, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 22. Shri Ram Singh, at present working as District Superintendent of Education, Madhepura, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 23. Shri Krishna Kumar Sharma at present working as District Education Officer, Lakhisarai, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 24. Smt Pratibha Ranjan Sinha, at present working as DMEO, Bhagalpur, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 25. Shri Ranjit Pratap Narayan Sinha, at present working as District Superintendent of Education, Nawada, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 26. Shri Arun Kumar Kunwar, at present working as Assistant Director Secondary Education, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 27. Shri Syed Ehteshan Hussain, at present working as District Superintendent of Education, Motihari C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 28. Shri Kamlesh Jha, at present working as Librarian, SCERT C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 29. Shri Rama Kant Jha, at present working as Assistant Director, Primary Education C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 30. Shri Mazid Ahmad, at present working as District Superintendent of Education Officer, Gadwa, C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 3 31. Shri Shashi Kumar Mishra, at present working as Assistant Director, Primary Education, C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 32. Shri Purna Nand Singh, at present working as District Superintendent of Education, Bokaro C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 33. Shri Brajesh Kumar Ojha, at present working as DMEO, Bettia, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 34. Shri Bashist Narain Jha, at present working as District Superintendent of Education Jamui, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 35. Shri Onkar Prasad Singh at present working as District Superintendent of Education Banka, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 36. Shri Harihar Nath Jha, at present working as District Superintendent of Education Supaul, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 37. Shri Sanjay Kumar, at present working as Principal, PTEC, Masaudi, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 38. Shri Shashi Bhushan Rai, at present working as Assistant Director, Primary Education, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 39. Shri Kumod Narain Jha, at present working as DMEO, Motihari C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 40. Shri Shyam Nandan Chaudhary, at present working as District Superintendent of Education Saharsa, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 41. Shri Binod Kumar Jha, at present working as Assistant Director, Planning, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 42. Shri Jiwan Prasad Verma, at present working as DMEO, Satimari, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 43. Shri Kamlesh Sharma, at present working as Principal PTEC, Nagar, Pada, Bhagalpur, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 44. Shri Nikunj Prakash Narayan, at present working as District Superintendent of Education, Nalanda, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 45. Shri Nayan Ranjan Kumar Verma, at present working as Registrar, BTBC, Patna C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 46. Shri Ashutosh Prasad, at present working as OSD, Secretary, Human Resources Development department, Jharkhand, C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 47. Shri Satyendra Narayan Yadav, at present working as District Superintendent of Education, Lakhisarai, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 4 48. Shri Chandra Kant Mishra, at present working as Principal, PTEC, Rampur, Samastipur, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 49. Shri Mukesh Kumar Sinha, at present working as DMEO, Nawada C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 50. Shri Bachchu Narayan Singh, at present working as Assistant Director, Adult Education, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 51. Shri Ram Tabkya Tiwari, at present working as Lecturer, SCERT, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 52. Shri Satyendra Prasad Singh, at present working as District Superintendent of Education, Bhagalpur C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 53. Shri Binod Kumar Rai, at present working as District Superintendent of Education Katihar, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 54. Shri Ram Sakal Rai, at present working as DMEO, Darbhanga C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 55. Shri Prabhu Narayan Sah, at present working as District Superintendent of Education Sahebganj C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 56. Shri Rajiv Lochan, at present working as District Superintendent of Education Godda, C/o Director, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 57. Shri Radhey Prasad suspended, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 58. Shri Kumar Sahjanand, at present working as District Superintendent of Education Nalanda, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 59. Shri Chandra Nand Mandal, at present working as District Education Officer, Kishanganj C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 60. Shri Baleshwar Sahni, at present working as District Superintendent of Education Deoghar, C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 61. Md. Gayasuddin, at present working as District Superintendent of Education Jehanabad, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 62. Shri Thakur Manoranjan Prasad, at present working as Principal, PTEC, Motihari C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 63. Md. Nasiruddin, at present working as DMEO, Purnia, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 64. Shri Rajendra Prasad, at present working as Principal, PTEC, Bhagalpur C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 5 65. Shri Rameshwar Prasad Rawani, at present working as Principal Zila School, Palamu, Jharkhand, C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 66. Shri Arjun Thakur, at present working as Lecturer, SCERT, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 67. Awamuddin, at present working as District Superintendent of Education Giridih, C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 68. Kumari Sarita Lal, at present working as DMEO, Khagadia, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 69. Urmila Kumari, at present working as SDEO, Gumla, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna. 70. Shri Ramji Prasad, at present working as DMEO, Madhubani, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 71. Shri Janmejay Ram, suspended, State Headquarter, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 72. Shri Bhairav Chandra Das, at present working as Principal, PTEC, Govindpur, Dhanbad, C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 73. Smt Usha Rani, at present working as Principal, Bagodar, PTEC, Giridih, C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 74. Shri Suryadeo Kumar Paswan, at present working as Assistant Director, Higher Education, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 75. Shri Ramakant Modi, at present working as District Superintendent of Education Chayabasa, C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 76. Shri Sheo Prasad Das, suspended, Jharkhand Primary Education, Jharkhand C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 77. Shri Narayan Arya, at present working as Lecturer, SCERT, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 78. Shri Ramraj Rajak, at present working as DMEO, Saharsa, C/o Director, Administration, Human Resources Development department, Government of Bihar, Patna 79. Shri Satyanarayan Lakada, at present working as District Superintendent of Education Palamu, C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 80. Shri Laurensa Dha, at present working as SDEO, Dumka, C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 81. Kumari Matilda, at present working as Lecturer, Teacher Training College, Ranchi C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 6 82. Shri Satish Chandra Sinku, at present working as SDEO, Chaybasa C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 83. Smt. Niru Pushpa Toppo, at present working as Principal, Balika Uchcha Vidyalaya, Patratu, C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi 84. Shri Devi Dayal Mandal, at present working as District Superintendent of Education Chatra, C/o Secretary, Administration, Human Resources Development department, Government of Jharkhand, Ranchi ........Respondents 3rd set 85. Shri Achuta Nand Thakur, at present working as Deputy Director of Higher Education in the State of Jharkhand C/o Secretary, Human Resources Development department, Government of Bihar, Patna .......Respondents 4th set With LPA No.592 of 2007 1. Achuta Nand Thakur working as Deputy Director, Primary Education, Government of Bihar, New Secretariat, Patna now posted as Deputy Director, Govt. of Jharkhand, Ranchi. .......Appellant Versus 1. The State of Bihar through the Additional Secretary, Govt. of Bihar, Personnel and Administrative Reforms Department, New Secretariat, Bailey Road Patna 2. The Secretary-cum-Commissioner, Education Department, Government of Bihar, New Secretariat, Patna 3. The Director Administration, Education Department, Government of Bihar, New Secretariat, Patna 4. Sri Kaushal Kishore Prasad, father’s name not known to the appellant 5. Sri Mahesh Chandra Patel, father’s name not known to the appellant 6. Sri Khurshid Alam, father’s name not known to the appellant 7. Smt. Abha Kusum Tirky, father’s/husband’s name not known to the appellant 8. Smt. Maya Rani Pal, father’s/husband’s name not known to the appellant 9. Sri Ranjit Singh, at present working as Private Secretary on Deputation, Jail Minister 10. Sri Pran Kumar Jha, at present working as District Public Education Officer, Ranchi 11. Smt. Leela Kant Mishra, Assistant Director, Mass Education, Sitamarhi 12. Prakash Nand Mishra, at present working as District Public Education Officer, Darbhanga 13. Sri Rabindra Nath Pandey, at present Deputy Secretary-cum-Advisor, Mass Education Communication (Dadhan) Centre, Bihar 14. Sri Prakash Jha, at present working as District Public Education Officer, Saharsa 15. Sri Yogesh Chandra Singh, at present working as District Public Education Officer, Gaya 16. Sri Sushil Srivastava, at present waiting for posting in the Headquarter 17. Sri Ranjit Singh, at present working as District Public Education Officer, Madhepura 18. Shashi Bhushan Sahay at present working as District Public Education Officer, Katihar 7 19. Dharma Deo Ray, Assistant Director, Mass Education, Western Shikhum, at present suspended 20. Sachchita Nand Prasad, Deputy Public Education Officer, Begusarai 21. Sri Chandra Shekhar Kumar, District Education Officer, Bhojpur 22. Sri Ram Singh, at present working as District Public Education Officer, Vaishali 23. Sri Krishna Kumar Sharma, District Public Education Officer, Lohardaga 24. Smt. Pratibha Ranjan Sinha, District Public Education Officer, Kishanganj 25. Sri Ranjit Pratap Narayan Sinha, District Public Education Officer, Saran 26. Sri Arun Kumar, District Public Education Officer, Muzaffarpur 27. Sri Saiyed Ahteshan Hussain, District Public Education Officer, Aurangabad 28. Sri Kamlesh Jha, dismissed from service for the consideration under the order of Hon’ble court 29. Sri Rama Kant Jha, waiting for posting in the Headquarter 30. Sri Majid Ahmad, Assistant Director, Mass Education Officer, Dhanbad 31. Sri Shashi Kumar Mishra, District Public Education Officer, Bhabhua 32. Sri Purna Nand Singh, District Public Education Officer, Buxar 33. Sri Brajesh Kumar Ojha, District Public Education Officer, Siwan 34. Sri Bashit Narain Jha, District Public Education Officer, Khagaria 35. Sri Unkar Prasad Singh, District Public Education Officer, Rohtas 36. Sri Harihar Nath Jha, District Public Education Officer, Nalanda 37. Sri Sanjay Kumar, Deputy Secretary-cum-Advisor, State Mass Education Communication Circle, Bihar 38. Sri Shashi Bhushan Ray, District Public Education Officer, Araria 39. Sri Kumod Narain Jha, Assistant Director, Mass Education, Madhubani 40. Sri Shyam Nand Chaudhary, Assistant Director, Mass Education, Godda 41. Sri Vinod Kumar Jha, Assistant Director, Mass Education, Bhojpur 42. Sri Jiwan Prasad Verma, Assistant Director, Mass Education, West Champaran 43. Sri Kamlesh Sharma, Assistant Director, Mass Education, Saran 44. Sri Nikunsh Prabhash Narayan, Deputy Secretary-cum-Advisor, State Mass Education Communication (Sadhan) Centre, Bihar 45. Nayan Ranjan Kumar Verma, Assistant Director, Mass Education, Patna 46. Sri Ashutosh Prasad, Assistant Director, Mass Education, Vaishali 47. Sri Satyendra Narayan Yadav, District Public Education Officer, Jamui 48. Sri Chandra Kant Mishra, Assistant Director, Mass Education, Saharsa 49. Mukesh Kumar Sinha, Assistant Director, Mass Education, Ranchi 50. Sri Bachchu Narayan Singh, Deputy Director, Mass Education, Muzaffarpur 51. Ram Takkya Tiwari, Assistant Director, Mass Education, Siwan 52. Sri Satyendra Prasad Singh, Assistant Director, Directorate of Public Education 53. Sri Binod Kumar Rai, District Public Education Officer, Purnia 54. Sri Ram Sakal Rai, Assistant Director, Mass Education, Samastipur 55. Sri Prabhu Narayan Sah, District Public Education Officer, Dumka 56. Sri Rajiv Lochan, District Public Education Officer, Hazaribagh 57. Sri Radhey Prasad, Assistant Director, Mass Education, East Champaran 58. Sri Kumar Sahjanand, District Public Education Officer, Gopalganj 59. Sri Chandra Nand Mandal, District Public Education Officer, Banka 60. Sri Baleshwar Sahni, District Public Education Officer, Nawada 61. Sri Gayasuddin, District Public Education Officer, Munger 62. Sri Thakur Manoranjan Prasad, District Public Education Officer, Gogalpur 63. Md. Nasiruddin, Assistant Director, Mass Education, Darbhanga 64. Sri Rajendra Prasad, Assistant Director, Mass Education, Munger 65. Sri Rameshwar Prasad Rawani, Assistant Director, Mass Education, Khadiya 66. Sri Arjun Thakur, Assistant Director, Mass Education 8 67. Awajuddin, Assistant Director, Mass Education, Dumka 68. Kumari Sarita Lal, Assistant Director, Mass Education, Nawada 69. Urmila Kumari, Assistant Director, Mass Education, Bhagalpur 70. Sri Nandu Rajak, District Public Education Officer, Godwa 71. Sri Ramji Prasad, District Public Education Officer, Deoghar 72. Sri Janmejay Ram, District Public Education Officer, Sinhbhum 73. Sri Dharav Chandra Das, District Public Education Officer, Jehanabad 74. Srimati Usha Rani, Assistant Director, Mass Education, Aurangabad 75. Sri Suryadeo Kumar Paswan, District Public Education Officer, Samastipur 76. Sri Ramakant Modi, District Public Education Officer, Sahebganj 77. Sri Shiv Prasad Das, District Public Education Officer, East Singhbhum 78. Sri Narayan Aary, Assistant Director, Mass Education, Katihar 79. Sri Ramraj Rajak, Assistant Director, Mass Education, Begusarai 80. Sri Satyanarayan Lakada, Pariyojna Adhikari, present suspended 81. Sri Larnesh Dha, District Public Education Officer,Giridih 82. Kumari Matilanda, District Public Education Officer, Bokaro 83. Sri Satish Chandra Sinku, District Public Education Officer, Chatra 84. Srimati Niru Pusapa Toppo, Assistant Director, Mass Education 85. Sri Devi Dayal Mandal, Assistant Director, Mass Education, Palamu ........Respondents -------------- For the appellants: Mr. J. P. Shukla, Sr. Advocate Mr. Sanjay Singh, Sr. Advocate Mr. Bipin Bihari Singh, Advocate For the State: Mr. Arshad Alam, SC IV For the private respondents: Mr. Jitendra Singh, Sr. Advocate ----------------- P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH THE HON'BLE MR. JUSTICE BIRENDRA PRASAD VERMA ------------- Shiva Kirti Singh, J. Both the Letters Patent Appeals arise out of a common judgement dated 31-5-2007 passed by a learned Single Judge of this court whereby two writ petitions preferred by similarly situated persons working in Bihar 9 Education Service (BES) as per recommendation by the Bihar Public Service Commission on the basis of 31st Combined Competitive Examination, have been dismissed. The writ petitioners had challenged the inclusion of 87 private respondents by way of adjustment in BES as well as grant of seniority to them above the petitioners on the ground that the respondents concerned had been recommended by the Bihar Public Service Commission albeit for a different service on the basis of 30th Combined Competitive Examination. For different reasons names of 5 private respondents stand deleted. 2. Initially the writ petitions filed in the year 1996 were confined to a challenge to two notifications of September, 1996 by which five persons working in the Adult Education Scheme were adjusted in the BES. Subsequently, by an order dated 17-7-1997 those five respondents were granted seniority above the 31st batch. Thereafter, on 13-1-1999 further 82 officers from the 30th batch were merged in the BES and 87 posts were created for adjustment of all the 87 persons. The seniority of 82 officers who were respondents was dependant upon the outcome of the writ petition bearing 10 CWJC no. 12348/1996 which has also been dismissed by the impugned order under appeal. The subsequent orders relating to incaderment of further 82 officers in BES and grant of seniority to them above the officers of 31st batch were also challenged by the petitioners who are appellants herein. Learned Single Judge considered the relevant facts, the objections to incaderment based mainly upon the provisions in the BES (Class-I) and BES (Class-II) Recruitment Rules, 1973 (hereinafter referred to as the Rules) made under the proviso to Article 309 of Constitution of India. Learned Single Judge held that the rules provided only for entry into statutory cadre through direct appointment or promotion but did not debar amalgamation of non cadre posts with cadre posts and the Government was well within its powers to create further posts in the cadre by such amalgamation which is a procedure well known to service jurisprudence having approval in catena of judgements which were discussed by the learned Single Judge in detail. Accordingly, it was held that it was permissible to transfer holder of a non cadre post to cadre post and such transfer will not fall in the category 11 of recruitment and amalgamation also is no recruitment understood under the Rules. The challenge to adjustment of the respondents in the statutory cadre under BES was, thus, repelled on the ground that the statutory rules are silent as regards transfer or amalgamation and hence, such powers could be exercised by the Executive. On analyzing the admitted facts, the learned Single Judge held that in the present case the adjustment of 87 persons in the BES had been effected by combining amalgamation and transfer. Admittedly, posts held by them were transferred and amalgamated to the posts in BES as per normal course and thereafter five private respondents were transferred to such permanent posts. The transfer of remaining 82 respondents had remained incomplete due to order of status quo passed in the writ petition but in the final order the learned Single Judge found no legal impediment in transferring the remaining 82 respondents to the posts in the BES. Learned Single Judge did not find any allegation of malafide so as to affect the validity of the impugned actions and allowed seniority to the respondents mainly on the ground that “those 87 persons were appointed to permanent posts in 12 the Government prior to the date of appointment of the first appointee of the 31st Combined Competitive Examination”. Hence, it was held that all the 87 respondents will have seniority above petitioners as per their merit interse in the 30th Combined Competitive Examination. 3. Before considering the various submissions advanced by the parties, it would be useful to take note of the relevant facts in brief. Advertisement for the 30th Combined Competitive Examination was issued in the year 1981. The vacancies indicated for different services show only six vacancies in the BES. On 11-7-1984, 201 candidates on the basis of marks and preference, which could be exercised till the stage of interview, were recommended for appointment to the post of Block Employment Officers/Assistant Employment Officers. In the advertisement this post was at serial no.8 with pay scale of Rs. 455-840/- whereas seven other posts above this post which included posts in BES were in the pay scale of Rs. 510-1155/-. It is not in dispute that later on the pay scales for both services became common and same. Six posts available for BES were filled up in 13 September, 1984. The posts of Block Employment Officers were abolished after the examination was held and that created obstacles in appointment of 201 candidates recommended for such posts. Since some candidates had obtained higher marks in their category as compared to those who were appointed in other services, they approached this Court through writ petitions and Government decided, in principle, to appoint those candidates who had secured higher marks than the cut off mark of 584. For accommodating such recommendees, vacancies were searched in other departments. Keeping in view the rules, marks and the reservation policy three persons including one Hasan Waris were appointed in the BES on 15-11-1985. For the remaining candidates the State Cabinet after considering the relevant facts, on 4th September, 1985 decided to appoint 59 candidates on different posts in different services. These included three already appointed in the BES. The Education department on request disclosed 40 vacancies in Adult