Judgment :-

Markandey Katju, J.

1.1. Leave granted.

.2. This appeal by special leave has been filed against the final judgment and order

.dated 5.4.2006 passed by the High Court of Gauhati in Writ Appeal No. 166 of 2004.

2.3. Heard learned counsel for the parties and perused the record.

3.4. The dispute in this case is about relative seniority between the direct recruits of 1990 and promotees of 1991 to the Grade -II of the Tripura Civil Service which has been constituted under the Tripura Civil Service Rules 1967. The appellants in this case are direct recruits and the respondents are promotees.

4.5. The promotees filed a writ petition before the learned Single Judge of the Gauhati High Court which was dismissed on 23.4.2004, but against that judgment a writ appeal was filed by the promotees which was allowed by the impugned judgment dated 5.4.2006 of the Division Bench of the High Court. Hence this appeal by the direct recruits.

.6. The fixation of the inter se seniority of the members of the Tripura Civil Service (in short, `the TCS) is governed by Rule 28 of the Tripura Civil Service Rule, 1967 (in short, `the TCS Rules). Sub-rule (iii) of Rules 28, which had been the subject of