JUDGMENT

SAWANT, J.:- These three petitions raise some common issues, and hence they are being disposed of by this common judgment.

This petition is filed by the promotee Income-tax Officers Group-A seeking to challenge the Seniority Rules of 1973 on the ground that they were framed pursuant to a direction given by this Court in Bishan Sarup Gupta v. Union of India, 1975 Suppl SCR 491, decided on August 16, 1972. According to the petitioners, the said direction was given because for want of sufficient material, the Court had come to the conclusion that the quota for recruitment of the direct recruits and the promotees had broken down as the promotees were appointed in excess of their entitlement in the quota. According to the petitioner, the requisite material showing the contrary was in the possession of the Government but did not come forth, then. The said material shows that in fact the appointments of the promotees were short of their quota. The petitioners, therefore, claim that not only the Seniority Rules of 1973 should be set aside, but the appointment of the promotees be made and their seniority be fixed, according to the Rules prevailing prior to the said Rules.

2. The relev