JUDGMENT

Sen, J.-Leave granted.

2. This case has a long history. The dispute started when the Sikkim State Civil Service (hereinafter called the "Service") was constituted with effect from the 1st July, 1977 by rules framed under Article 309 of the Constitution of India, called Sikkim State Civil Service Rules, 1977 (hereinafter described as the "Rules"). It provided that the persons holding posts mentioned therein would be deemed to be members of the Service on the enforcement of the Rules. Rule 4 is important for the purpose of this case and provided for the method of recruitment to the Service :-

"4. Method of recruitment to the service : (1) Recruitment to the service after the publishment of these rules shall be by the following methods, namely :-

(a) Competitive examinations to be held by the Commission;

(b) Selection from among persons serving in connection with the affairs of the State of Sikkim.

(2) The proportion of vacancies to be filled in any year in accordance with clauses (a) and (b) above, shall be 50:50 respectively :

Provided that the number of persons, recruited under clause (b) above, shall not at any time exceed 50 per cent of the