Judgment

G.P. Mathur, J.—This appeal, by special leave, has been filed challenging the judgment and order dated 1.4.2003 of the High Court of Jharkhand by which the writ petition preferred by the appellants was dismissed and the issue raised is that of seniority between the direct recruits and the promotees in the Bihar Superior Judicial Service, who are currently serving in the State of Jharkhand.

2. The Bihar Superior Judicial Service Rules, 1946 (hereinafter referred to as the “Rules”) provide for appointment to the post of Additional District and Sessions Judge by two sources, namely, by direct recruitment from amongst members of the Bar and by promotion from amongst members of the Bihar Civil Service (Judicial Branch), and they further provide that one-third posts in the cadre of service shall be filled in by direct recruitment and two-third shall be filled in by promotion. It appears that direct recruitment to Bihar Superior Judicial Service was not regularly made and often the posts of Additional District and Sessions Judges were filled in by promotion. After the year 1979 an advertisement was issued in the year 1985 inviting applications for making appointment to the posts of