Judgment

RAY, J. :- This is an appeal by certificate from the judgment dated 23 August, 1971 of the High Court of Delhi dismissing the writ petitions of the appellants.

2. The two appellants were promoted in the years 1958 and 1959 respectively to the Military Engineer Service Class I (hereinafter referred to as the Class I Service). The appellant No. 1 joined the Military Engineer Service as a temporary overseer on 1 May, 1942. He was promoted to the grade of Superintendent Grade I on 1 May, 1949. In the month of April, 1957 he was selected to be promoted to the grade of temporary Assistant Executive Engineer in Class I Service and he was promoted in fact in the month of April, 1958.

3. Respondents Nos. 4 to 21, 107 to 122 and 124 to 126 were appointed to the said Class I Service after they had appeared at competitive examination while the rest were appointed by direct recruitment after having been interviewed by the Union Public Service Commission. All the respondents were appointed to the said Class I Service in the years 1962, 1963 and 1964.

4. The appellants contended first that the respondents who were directly appointed to Class I Service by interview were not within the purview