Judgment

RAY, J.:- These six appeals are by certificate from the judgment dated 7 November, 1969 of the High Court at Patna quashing the order of the Government of India dated 20 September, 1967 and directing that the respondents must continue to hold rank as assigned to them in 1958.

2. The appellants and the respondents are now members of the Indian Administrative Service. For the sake of brevity the appellants can be described as direct recruits and the respondents as promotees. The direct recruits were appointed to the Indian Administrative Service in the years 1949 and 1950 as a result of competitive examination held for recruitment of candidates to that Service. The promotees were initially recruited to the executive branch of the Bihar State Civil Service and were subsequently in the years 1955 and 1956 promoted to the Indian Administrative Service.

3. The controversy in the present appeals is as to the seniority between the direct recruits and the promotees under the Indian Administrative Service (Regulation of Seniority) Rules, 1954.

4. The Government of India on 3rd September, 1958 allotted to the promotees the year 1948 and placed them below the junior most amongst the direc