JUDGMENT

KULDIP SINGH, J.:—The petitioners and respondents 4 to 16 are District and Sessions Judges in the State of Andhra Pradesh. The petitioners are direct recruits whereas the respondents were promoted from the subordinate judiciary. The respondents were initially appointed on temporary basis in the year 1978/1979 but they were made substantive in the year 1983. The petitioners who were appointed substantively in the year 1981 claim seniority over the respondents by way of this petition under Article 32 of the Constitution of India.

2. The recruitment to the Andhra Pradesh Higher Judicial Service (the Service) is governed by the Rules called "The Andhra Pradesh State Higher Judicial Service - Special Rules" (the Special Rules). Rules 1, 2, 4 and 6 of the Special Rules which are relevant are as under:

"Rule 1. Constitution:- The service shall consist of the following categories:

Category-I :-District and Sessions Judges 1st Grade.

Category-II :- District and Sessions Judges, Second Grade including Chairman, Andhra Pradesh Sales Tax Appellate Tribunal, Chief Judge, City Civil Court, Additional Chief Judge, City Civil Court, Chief Judge, Court of Small Causes, Chief City Magistrate, C