This, however, was number done and the defence taken by the State before us as mentioned above was that the promotional posts were of a special nature.
The admitted position seems to be that in the Bihar Agricultural Service, there were two classes and several categories of officers according to the nature of their qualifications, experience and other attributes.
In view of the lapse of time, the fifth person retired and he has therefore number been made a party to this appeal.
It appears that the appellants and respondents 5 8 were members of the Bihar Agricultural Service, Class I. Certain promotions were made in higher category of class I in which the cases of respondents 5 8 were referred to the Public Service Commission and pending opinion of the Public Service Commission, the respondents companycerned were promoted on ad hoc basis.
By memo issued by the Government by its letter dated August 13, 1953 which is to be found at page 856 of Compendium of Important Circulars and Orders of Agriculture Department hereinafter to be referred as Compendium , it was clarified that in future officers should number be companyfirmed in the specified posts in the service in class I or class II of the Bihar Agricultural Service, as the case may be.
Initially, the officers were taken in the two classes.
Unfortunately, it appears that the necessary records were number submitted to the Public Service Commission as a result of which the Commission was number able to give its recommendation uptodate and respondents 5 8 companytinued to occupy the promotional posts uptil today on a pure ad hoc basis.
In the companynter affidavit the stand taken by the State Government was that as the posts to which respondents 4 8 were promoted were of a special nature which required sufficient administrative experience, the question of the companysideration of the cases of the appellants did number arise.
Murtaza Fazal Ali, J. This appeal by certificate is directed against the order of Patna High Court dated January 25, 1974 by which a writ petition filed by the appellants had been dismissed.
