AWADH PRASAD SINGH AND ORS. vs STATE OF BIHAR AND ORS.

The Supreme Court addressed the validity of a gradation list of Excise Inspectors in Bihar, determining that the State Government, not the Excise Commissioner, has the authority to fix inter se seniority. The Court found that the appellants were incorrectly promoted under the 5% quota for Upper Division Assistants, as the quota was only notified after their promotion. Consequently, the Court quashed the High Court's order and upheld the gradation list prepared by the State Government, affirming its legality under the Bihar Excise Act, 1915 and the Excise Recruitment Rules, 1936.