JUDGMENT

RAY, C. J.:— These appeals are by special leave against the judgment dated 15 December, 1972 of the High Court of Mysore.

2. The appellants in the writ petition asked for quashing the Gradation List of Officers published by the State on 13 January, 1972. The consequential prayer is for assigning correct ranks to the appellants.

3. The principal question is the relative seniority between direct recruits and promotees to the cadre of Assistant Commissioners of Mysore Administrative Service Class I (Junior Scale).

4. By a notification dated 13 January 1972 the Government published the Gradation List which was prepared as on 1 January, 1972. In the Gradation List respondents Nos. 2 to 24 were placed at serial Nos. 214 to 236. The appellants are placed in the Gradation List at serial Nos. 273 to 280. The appellants challenge the seniority of the respondents in the Gradation List.

5. On 2 December, 1957 the Mysore Administrative Service (Recruitment) Rules, 1957 (hereinafter referred to as the 1957 Recruitment Rules) framed under Article 309 of the Constitution came into force and the Previous Rules were superseded. Under the 1957 Recruitment Rules Class I posts were divided into tw