JUDGMENT :

S. RAVINDRA BHAT, J.

1. Leave granted. With consent of all the counsel for parties, the appeals were heard finally and judgment was reserved on 24th January 2020. These appeals challenge the common judgment of the Rajasthan High Court¹[Sitting at its Jaipur Bench, in DB Special Appeal Writ Number 1053/2017 and DB Special Appeal Writ No. 1250/2017]. The Division Bench of the High Court by the impugned judgment set aside an order made by the learned single judge of that court and held that the present Appellants (hereafter referred to as “direct recruits” or “DRs”) were not entitled to claim seniority over and above the respondents, hereafter called “departmental promotes” or “DPs”). The DRs had approached the High Court in the first instance, claiming that the seniority list, showing the DPs in earlier positions, was untenable; the single judge allowed that petition. The Division Bench has, however, allowed the appellants to question the eligibility of DPs to be recruited.

2. The relevant facts are that on 01.09.2009, the Finance Department of the Government of Rajasthan granted approval for creation of 531 posts of Tax Assistants. This newly created post was augmented by fu