JUDGMENT

GUPTA, J. :— The controversy in these two appeals by specials leave relates to the question of seniority between the direct recruits and the promotees in the rank of Deputy Superintendent of Police in the Bihar Police Service. The appellants - the same persons in both appeals - are promotees who question the correctness of the judgment of the Patna High Court by which the High Court allowed the two writ petitions made by two different groups of direct recruits challenging the gradation list of permanent Deputy Superintendents of Police published on February 24, 1978. Fifty-four temporary posts of Deputy Superintendent of Police created between 1948 and 1970 were made permanent "from the dates of their creation by the Government of Bihar in December, 1977. Earlier, the Government had decided that continuous officiating service of the promoted Deputy Superintendents of police in these posts should be the basis of their seniority. Following this decision, after the temporary posts had been made permanent, the gradation list in question was prepared and published.

2. Admittedly there is no statutory rule governing seniority inter se of direct recruits and promotees. In the abse