ORDER

1. LEAVE GRANTED.

2. WE ARE OF THE VIEW THAT THE HIGH COURT SHOULD NOT HAVE GRANTED THE ULTIMATE RELIEF AT THE INTERIM STAGE AS THE ISSUE SEEMS TO BE A HIGHLY DEBATABLE ONE. THE QUESTION IS WHETHER THE ELIGIBILITY OF THE RESPONDENTS FOR PROMOTION SHOULD BE DECIDED ACCORDING TO THE 1996 RULES, THE 1999 RULES OR THE 2001 RULES. WE ACCORDINGLY ALLOW THE APPEAL BY SETTING ASIDE THE INTERIM ORDER PASSED BY THE HIGH COURT. HOWEVER, WE PASS THE FOLLOWING INTERIM RELIEF:

"IF THE RESPONDENTS ARE ULTIMATELY SUCCESSFUL IN THEIR WRIT PETITION A THEY WILL BE GRANTED RETROSPECTIVE SENIORITY BASED UPON THE RELEVANT RULES WHICH MIGHT BE HELD TO BE APPLICABLE."

3. THEREFORE, THE ORDER OF THE HIGH COURT IS SET ASIDE. THIS INTERIM ORDER SHALL CONTINUE UNTIL THE DISPOSAL OF THE WRIT PETITION. WE REQUEST THE HIGH COURT TO DISPOSE OF THE WRIT PETITION AS EXPEDITIOUSLY AS IS POSSIBLE.

4. THE APPEAL IS ALLOWED BUT WITHOUT ANY ORDER AS TO COSTS.