Misra, J. - (1.) This bunch of appeals is directed against a common judgment and order of the Patna High Court dated 8th September, 1975 allowing three petitions under Art. 226 of the Constitution, in part.
(2.) The material facts to bring out the points for consideration in these appeals lie in a narrow compass. The Public Works Department in Bihar had a very small mechanical organisation. In 1962, however, it undertook the execution of a World Bank Project. In that connection a number of mechanical overseers were needed. As the project had to be executed on an emergency basis within a short time and there being dearth of qualified overseers, persons who were working only as sub-overseers or persons who had appeared at the diploma examination in engineering, but had not passed the same, were appointed against the sanctioned posts on a provisional basis. There were some others who were also appointed as mechanical overseers on temporary basis in the World Bank Project, a wing of the Public Works Department, after appearing before a selection committee duly constituted according to R. 1, Appendix II of the Bihar Public Works Department Code, 1st Edn., 1958, Vol. II. This rule reads: "All permanent appointments to the Bihar Subordinate Engineering Service either by absorption of temporary or work-charged Overseers and Estimators, or by direct recruitment, will be made by the Chief Engineer, provided that in the case of direct recruitment (permanent or temporary) appointment will be made on the advice of the committee of senior officers constituted for the purpose. The committee will consist of three members including the Chief Engineer, who will be the Chairman of the committee. The other two members will be nominated by him with the approval of the Government in the Public Works Department from time to time."
(3.) The Chief Engineer by orders dated 18th August and 26th September, 1964 appointed among others the following Persons, already working as sub-overseers in the department as temporary overseers against the sanctioned posts on their passing the diploma examination from the date of publication of their results of the diploma in mechanical / electrical engineering examination: 1. Ramendra Singh 2. Keshav Singh 3. Bhola Nath Chaudhary 4. Awadesh Kumar Singh 5. Rajeshwar Sinha 6. Ram Chandra Prasad 7. Udai Narain Singh 8. Sunil Kumar 9. Rajnandan Pd. Singh 10. Gopal Ram 11. Sidh Nath Singh 12. Prem Chand Prasad, and many others who are not parties here. It appears that a provisional gradation list of overseers was prepared. Certain overseers who felt aggrieved by the provisional list made various representations and eventually a revised gradation list dated 17th November, 1973 was prepared. Some of the aforesaid twelve persons were promoted as Mechanical Sub-Divisional Officers by an order dated 13th March, 1974.;