JUDGMENT

VENKATARAMIAH, J.:—The two questions urged in this appeal filed against the judgment of the High Court of Bombay are whether the appellant is entitled to reckon for purposes of his seniority in the cadre of District Judges the period during which he had worked as an Assistant Judge in accordance with the proviso to sub-clause (b) of clause (i) of sub-rule (2) of Rule 5 of the Bombay Judicial Service Recruitment Rules, 1956 (hereinafter referred to as the Rules) and whether the appellant is entitled to get the salary and allowances in the selection grade scale or to be posted as an Inspecting Judge. Both the contentions were negatived by the High Court in a writ petition filed under Article 226 of the Constitution. This appeal by special leave is preferred against the judgement of the High Court.

2. The appellant was enrolled as an advocate on December 14, 1951. In response to a notification inviting applications for the purpose of recruiting members of the Bar directly as District Judges under Rule 5 (2) (i) (b) of the Rules, the appellant made an application for considering his case also for recruitment as a District Judge. Ultimately five persons were selected and appoint