1. Leave granted.

2. These appeals involving similar questions of law and fact were taken up for hearing together and are being disposed of by this common judgment. Appellant as also the private respondents hereto have been working as Assistant Engineers in the Public Works Department. The promotees are diploma holders, or degree holders in Engineering. They were holding the posts of S.O. Grade 1, whereas the direct recruits are Graduates in Engineering. Recruitment to the post of Assistant Engineer and/or promotion thereto, although is governed by the Public Works Department, Manipur Assistant Engineer (Civil/Mech) Surveyor of Works Recruitment Rules of 1969, 1975 and 1984 made under the proviso appended to Article 309 of the Constitution of India; there does not exist any Rule governing seniority and in particular inter se seniority amongst the direct recruits and the promotees.

3. In terms of the recruitment rules, whereas forty per cent of the posts are to be filled by direct recruitment from the open market, 60 per cent of the posts are to be filled up by promotion in the following sub-quota:-

i. 50% by selection from amongst t