Judgment

AHMADI, J.:- A short but interesting question arises in these appeals by special leave bearing on the true scope and meaning of Rule 4(4) of the Sikkim Government Establishment Rules, 1974, (hereinafter called the Rules), which were in force before Sikkim became a part of the territory of India. The relevant part of the said Rule with which we are concerned reads as follows:

"4(4): Appointment: (A) Appointment to service under the Government shall be by one or both the methods indicated below:

(a) Direct recruitment;

(b) Promotion from one grade to another.

(B) Direct recruitment shall include appointment on contract, and appointment on deputation:

Provided these two types of appointment shall be made having due regard to the exact nature of specific duties and responsibilities and the qualifications required for the post, and further provided that (i) Non-Sikkimese nationals may be appointed only when suitably qualified and experienced Sikkimese nationals are not available, and (ii) replacement of such appointees by suitable Sikkimese candidates may be made as and when available."

Fortunately, the facts on which this group of cases arise were admitted in the High Court. The admi