S. Ravindra Bhat, J.

1. In these writ proceedings, the common grievance of the petitioners (the "UOI", (referred to as such), in W.P.(C) 7370/2010 and the promotees (referred to as such), in W.P.(C) 7371/2010) is with regard to the order of the Principal Bench of the Central Administrative Tribunal (hereafter referred to as "the CAT") passed in O.A. No. 1281/2000, on 1.7.2010 . The respondents in these proceedings were applicants before the CAT. They are hereafter referred to as "the direct recruits".

2. The controversy is with regard to the inter se seniority of promotees and direct recruits in the Central Bureau of Investigation (CBI), established under the Special Police Establishment Act, 1952 ("the Act") in the cadre of Deputy Superintendent of Police (DSP). The Special Police (Executive Staff) Recruitment Rules, 1963 (hereafter referred to as "the 1963 Rules") were framed for appointment to various posts in the CBI, with effect from 02.03.1963. Rule 3 provided for the classification, scale of pay, qualifications and other matters relating to the posts, in accordance with the provisions contained in the Schedule. The relevant entry pertaining to the DSPs provided for 22 posts, classified them as "Non-Ministerial Gazetted" and stated that the method of recruitment was:

(a) not exceeding 15% of the sanctioned strength from promotion from Dy. SP with at least 8 years service in the grade;

(b) The remaining 85% by transfer or deputation from amongst suitable officers of state police force.

3. This position continued; by an amendment with effect from 27.12.1972, a change was brought about in the manner of recruitment. The quota provided for recruitment through promotion was increased from a maximum of 15% to 30%; the transfer/deputation quota was reduced to 50%. In either category, if the quota could not be filled, direct recruitment would be resorted to; independently, a 20% direct recruit quota "in consultation with the UPSC" was provided for. The relevant extracts of the amendments are as follows:

"The Gazette of India: January 6, 1973, PAUSA-1,

1894

New Delhi, the 27th December, 1972

G.S.R.2--In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President hereby makes the following rules further to amend the Special Police Establishment (Executive Staff) Recruitment Rules, 1963, namely:-

1. (1) These rules may be called the Special Police Establishment (Executive Staff) (Amendment) Rules, 1972.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Schedule to the Special Police Establishment (Executive Staff) Recruitment Rules, 1963, for the existing entries in Columns 10 and 11 relating to the post of Deputy Superintendent of Police, the following shall respectively be substituted, namely:-

Column 10:

"(a) Promotion - 30 percent failing which by transfer on deputation failing both by direct recruitment.

(b) Transfer/deputation - 50 percent failing which by direct recruitment.

(c) Direct recruitment - 20 percent in consultation with the Union Public Service Commission."

Column 11:

"Promotion:

Inspector of Police in the Central Bureau of Investigation with 5 years service in the grade rendered after appointment thereto on a regular basis.

Transfer/deputation:

Suitable officers of the State or Central Government Department who are holding equivalent posts or who, though holding posts in the next lower grade, are officers approved for promotion to equivalent posts.

Deputation:

Deputationist Inspector in the Central Bureau of Investigation who have put in at least 5 years service in the rank in the State/Central Bureau of Investigation out of which at least 3 years is in the Central Bureau of Investigation.

(Period of deputation - ordinarily not exceeding 5 years)."

4. On 31.03.1987, the rules were amended yet again (hereafter referred to as "the 1987 amendment"). These amendments stipulated that the number of posts were 157; and that th