U.N.Sinha, C.J. - (1.) This writ application has been filed by five members of the Indian Administrative Service, under Articles 226 and 227 of the Constitution of India. The Original prayer was for a writ, order or direction quashing a notification passed by the Government of Bihar, dated the 26th November 1970, a copy of which has been given as Annexure 2. The notification had declared that Sri Ram Sevak Mandal, Posted as Additional Chief Secretary to the Government, was appointed to work as the Chief Secretary to the Government of Bihar. (The notification as given in Annexure 2 runs thus: "Sarkar ke apar mukhya sachib ke rup me padsthapit Sri Ram Sevak Mandal. Bha. Pr. Se. (sic) Bihar sarkar ke mukhya sachib ke rup me karya karane ke liye niyukt kiye jate hain.")
(2.) It will be convenient to quote the original prayer made in the writ application in its entirety at this stage. "It is, therefore, most humbly prayed that your Lordships may be graciously pleased to issue a rule and writ on the respondents to show cause why an appropriate writ, order or direction should not be issued quashing the impugned order at Annexure 2 and further be pleased to direct respondent Nos. 1, 2 and 5 to forbear from giving effect to the said order (Annexure 2) and be pleased to direct respondent No. 4 to forbear from holding the post of Chief Secretary to the Government of Bihar, and be pleased to issue a writ of mandamus directing respondent Nos. 1, 2 and 5 to fill up the post of Chief Secretary to the Government of Bihar by an assessment of the merit and seniority of these petitioners and other senior officers of the Service eligible for such promotion to the post of Chief Secretary to the Government of Bihar, in accordance with the law, and upon return of the writ and the rule, on hearing the counsel of the petitioners and such cause as may be shown be pleased to make the rule and the writ absolute."
(3.) The State of Bihar has been impleaded as respondent No. 1, Sri Daroga Prasad Roy, the then Chief Minister, Bihar, has been impleaded as respondent No. 2 and Secretary to the Government of Bihar, Appointment Department, has been impleaded as respondent No. 5 (Several members of the Indian Administrative Service, who had originally been impleaded as respondents Nos. 6 to 27 have been expunged from the record and the description of Sri Daroga Prasad Roy has been changed from Chief Minister, Bihar. to ex-Chief Minister, Bihar.).;