Judgment

G.B. Pattanaik, J.-Leave granted in SLP No. 7017 of 1998.

This appeal is directed against the order dated 25.10.1994 of the Orissa Administrative Tribunal in Misc. Petition No. 3229 of 1992, arising out of Original Application No. 78 of 1989. The appellants are graduates in Civil Engineering and had been recruited as Assistant Engineers in the Irrigation Wing in the Irrigation and Power Depart­ment in the State of Orissa after being duly selected by Orissa Public Service Commission in accordance with Orissa Service of Engineers Rule, 1941 (hereinafter referred to as ‘The Rules). The respondents are the promotees to the post of Assistant Engineers from amongst the Junior Engineers and Sub-Assistant Engineers. O.A. No. 78 of 1979 had been filed by the direct recruited Assistant Engineers claiming inter alia that the appointments of such direct recruits having been made against vacancies of the year 1978 they should be treated as appoint­ees of the year 1978 and consequently their seniority should be deter­mined on that basis under the promotee Assistant Engineers of that year notwithstanding the fact that they were factually appointed as Assistant Engineer in the year 1980. Th