JUDGMENT

BHAGWATI, J. :— This appeal by certificate is directed against the judgment of the High Court of Delhi allowing the writ petition of respondent No. 1 and striking down the validity of the seniority list issued by the appellant placing the first respondent below respondent Nos. 3 to 9 in the seniority list. The controversy arising in the appeal lies in a narrow compass but in order to arrive at its correct determination, it is necessary to state briefly a few facts leading to the filing of the appeal.

2. The first respondent was recruited to the Indian Administrative Service through a competitive examination held in 1955 and according to R. 3(3)(a) of the Indian Administrative Service (Regulation of Seniority) Rules, 1954 (hereinafter referred to as the Seniority Rules), he was assigned the year 1956 as the year of allotment to the Service. He was posted in a junior post on recruitment through the Indian Administrative Service and on 21st August, 1961 he started officiating in a senior post. Respondent Nos. 3 to 9 were on the other hand members of the Gujarat State Civil Service and they were promoted to the Indian Administrative Service and they started officiating continuo