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Even apart from the question of res judicata, the Division Bench was not right in its approach to Chauhan's case. The interpretation placed by the Division Bench upon the words "promotees regularly appointed" in direction (d) in Chauhan's case was wholly erroneous. Under the guise of interpreting the judgment in that case, the Division Bench of the High Court virtually sat in appeal over the judgment of this Court and modified it. The High Court ought to have taken the words in that judgment in the sense in which they were used and ought to have applied them to the facts before it instead of trying to put words in the mouth of this Court. The Division Bench ignored the fact that this Court had categorically held that in the case before it the appointments had been regularly made in accordance with the rules to fill substantive vacancies. According to the Division Bench, direction (d) in Chauhan's case meant that these appointments should be regularly made only to the vacancies in the permanent posts in the cadre and did not apply to promotees appointed to hold ex-cadre posts. The record shows that during period A there were thirty vacancies in permanent posts and thirty-one vacancies in temporary additional posts. These thirty-one posts were created initially for a period of one year but renewed from year to year from 1960 onwards and have been in existence continuously since then. These temporary additional posts were, therefore, not fortuitous posts created for the purpose of special tasks but formed an integral part of the regular cadre, and appointments to those posts were made from the approved select list of Mamlatdars prepared in consultation with the Gujarat Public Service Commission. The mode of appointment to these posts was to appoint first a particular officer to the cadre post of Deputy Collector and to continue him as Deputy Collector or depute him to other Departments in equivalent posts. Rule 9(8) of the Bombay Civil Service Rules, 1959, defines "cadre" as meaning the strength of a service or a part of service sanctioned as a separate unit. The service of Deputy Collectors is admittedly a separate unit under the Revenue Department. A cadre consists of permanent posts and temporary posts added to the cadre from time to time according to the exigencies of the service. The difference between permanent and temporary posts is brought out by the definition of these expressions given in Rule 9. Under Rule 9(43), a permanent post is a post carrying a definite rate of pay sanctioned without limit of time and under Rule 9(56) a temporary post is a post carrying a definite rate of pay sanctioned for a limited time. Rule 71 sets out the manner of fixation of pay of the officer appointed to a temporary post. The note below Rule 8 is illuminative and is as follows: