JUDGMENT

K. RAMASWAMY, J.:— The vexed question of inter se seniority between promotees and direct recruits has once again been brought to the fore at the behest of the petitioners in these writ petitions filed under Art. 32 and respondents Nos. 4 to 99 in the first writ petition, for short promotees and the respondents Nos. 100 to 139 in the first writ petition, for short direct recruits as Asstt. Conservators of Forest. The Governor of U. P. exercising the power under the proviso to Art. 309 of the Constitution issued the U.P. Forest Service Rules, 1952, for short the rules which became effective from January 2, 1952. The promotees are confirmed Forest Range Officers in U.P. Forest Subordinate Service which is a feeder source for recruitment by promotion under R. 5(b) of the rules as Asstt. Conservator of Forest. Rule 4 constitutes and fixes the cadre strength of Chief Conservator of Forest; Conservator of Forest; Deputy Conservator of Forest and Asstt. Conservator of Forest. By fiction of law in Note to Rule 3(h) all the members of the provincial Forest Service became members of the initially constituted service. It would appear that after amalgamation no recruitment under Rule 5