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as the 1957 Recruitment Rules) framed under Article 309 of the Constitution came into force and the Previous Rules were superseded.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 two categories. One was the senior scale post and the other was the junior scale post. The junior scale posts were to be filled up in the proportion of 66-2/3 per cent by promotion from Class II Officers and 33-1/3 per cent by direct recruitment by competitive examination to be held by the Public Service Commission.

6. By notification dated 23 January, 1958 issued under Article 309 of the Constitution the Governor constituted the Mysore Administrative Service (Cadre) Rules with effect from 1 November, 1956 (hereinafter referred to as the Cadre Rules). The cadre consisted only of permanent posts comprising 12 Senior Scale Posts and 135 Junior Scale Posts. The Cadre did not include temporary posts.

7. It may be stated here that the initial cadre strength of Assistant Commissioners Class I Junior Scale posts was filled by persons allotted to the new State of Mysore on 1 November, 1956 when the new State of Mysore was formed. The allottees exceeding the strength of the cadre were gradually adjusted against substantive vacancies. Till 2 December, 1957 the Government did not frame special rules of recruitment applicable to the Mysore Administrative Service. Consequently, all the vacancies arising until 2 December, 1957 were filled by promotion.

8. On 2 December, 1957 the 1957 Recruitment Rules came into existence for filling 66-2/3 per cent posts by promotion and 33-1/3 per cent posts by direct recruitment. In September, 1959 the Government issued the Mysore Recruitment of Gazetted Probationers Rules, 1959 (hereinafter referred to as the 1959 Probationers Rules) whereby the quota for direct recruitment to the Mysore Administrative Service was increased from one-third to two-thirds for a period of five years and the quota for promotion was reduced from two-thirds to one-third.

9. Pending finalisation of the inter-State seniority lists of Officers allotted to the new State of Mysore on 1 Nov., 1956 to the cadre of Assistant Commrs the Government could not by reason of pending proceedings in courts in respect thereof confirm officer working as Assistant Commissioners for a long time. In order to meet the exigencies of service, Officers in Class II service were promoted on officiating basis as Assistant Commissioner in Class I service (Junior Scale) from time to time. Under Rule 17 (b) of the 1957 Recruitment Rules the Government could fill up posts temporarily by promotion in vacancies reserved for direct recruits but such promotees became liable to be reverted after appointment of officers by direct recruitment. The Government permitted many officers from Class II including the appellants to officiate as Assistant Commissioners in Class I service subsequent to 1 November, 1956. The earliest to be promoted on officiating basis among those promotees was Narsingharao