JUDGMENT

H.K. SEMA, J.

1. These two appeals raise a common question of facts and law and they are being disposed of by this common judgment. For the sake of brevity, we are taking facts from Civil Appeal No.5504 of 2003.

2. The undisputed facts are that the appellants are direct recruits to the post of Section Officer" (Commercial Audit) in the Audit and Accounts department. Their services are governed by the recruitment Rules known as Indian Audit and Accounts Department Section Officer (Commercial Audit) Recruitment Rules, 1988 framed by the President of India under Article 148(5) of the Constitution of India.

3. The Rule inter alia provides the method of recruitment is by promotion failing which by transfer/transfer on deputation and failing both, by direct recruitment. The Rule also provides that the period of probation is two years. Note to Rule 11 provides that during the period of probation they should qualify in the Section Officers Grade Examination (SOGE) for appointment as regular Section Officers.

4. It is contended by learned counsel for the respondents that having accepted the terms and conditions of appointment they are stopped from challenging the same.

5. The appellants