(1.) Respondents 3 and 4 who were Excise Assistant Inspectors in the service of the new State of Mysore were promoted as Excise Inspectors in December, 1958. The petitioner who is an Excise Assistant Inspector of that State seeks their removal by quo-warranto from their posts and his own appointment by mandamus to one of them. He applies for a further direction that, after his appointment in that way, he should be placed, in the list of seniority, above respondent 5, who, although appointed as Excise Inspector in December, 1957, is, according to him, is junior in the service of the State.
(2.) The dates on which these four persons entered the service of the former State of Mysore and those on which they were promoted as Excise Assistant Inspectors arc set out in the following tabular statement:- <FRM>JUDGEMENT_64_TLKAR0_1960Html1.htm</FRM>
(3.) As the above statement discloses, the petitioner was employed in the service of the former State of Mysore only in the year 1945. Respondents 3 and 4 had been, by then, in the service of that State for seventeen and twenty years respectively. The employment of respondent 5 commenced nearly eighteen months before that of the petitioner.