We have heard counsel for the parties and we have also perused the counter affidavit filed on behalf of the High Court, respondent No.3.

2. The real grievance of the petitioners is that a certain proportion of posts in the cadre of Addl. District & Sessions Judge is to be filled up directly from the Bar, while the remaining posts are to be filled up by promotion. Every year vacancies occur in the aforesaid cadre, and if the vacancies that occur are filled up regularly, neither promotees nor the direct recruits can have a grievance, because the proportion in which the posts have to be filled up is determined by law. The real grievance arises if the vacancies are not filled up each year and are carried forward to be filled up in later years. Unfortunately after the year 1979 for almost a decade, the vacancies meant for direct recruits were not filled up regularly with the result that a large number of direct recruits were appointed in the year 1991 and thereafter in the year 1997. In the year 1991 as many as 32 direct recruits were appointed while in the year 1997, 54 direct recruits have been appointed. The heart-burning arises on account of the fact that normally the members o