Amitava Roy, J.

1. These appeals script a third bout of relentless, obdurate and animated legal tussle for seniority in the Assam Police Service (hereinafter to as the 'Service') between two classes of recruits. Their induction had been on the basis of two independent processes claimed to be drawn up under the Assam Police Service Rules, 1966 (hereafter referred to as the 'Rules') in the Junior Grade of the service. At this point of time, most of them as is submitted at the Bar, have been promoted to the Senior Grade.

2. The appellants in Writ Appeal No. 448/2004 and 465/2004 assert to be special recruits contemplated under Section 5(1)(c) of the Rules. Leading the challenge in the rival faction is the appellant in Writ Appeal No. 459/2004, a recruit under Rule 5(1)(a) of the Rules. For the sake and convenience, two classes of recruits as above are hereafter referred to as special recruits and direct recruits respectively. The challenge in principal is against the judgment and order dated 12.11.2004 passed in the corresponding writ petitions WP(C) No. 7843/02, WP(C) Nos. 69/2003, 298/2003, 1031/2003 and 4129/ 2003.

3. We have heard Mr. A.K. Bhattacharyya, Senior Advocate assisted by Mr. M. Chanda, Mr. Section Dutta and Mr. BK Singh, Advocates for the appellant in Writ Appeal No. 448/ 2004, Mr. PK Goswami and Mr. N. Dutta, Senior Advocates assisted by Mr. D. Saikia, Advocate for the appellant in Writ Appeal No. 459/2004 and Mr. DK Mishra, Senior Advocate assisted by Mr. I. Choudhury, Advocate for the appellant in Writ Appeal No. 465/2004. Mr. AK Phookan, learned Advocate General, Assam assisted by Mr. BJ Talukdar and Ms B. Goyel, Advocates represented the state authorities. Mr. TC Chutia, learned Standing counsel, Assam Public Service Commission (hereafter referred to as the 'Commission') appeared on its behalf.

4. The build up of the facts leading to the lingering us has its roots in a proposal broached by the Department of Home, Government of Assam in the later part of 1987 suggesting special recruitment to the Junior Grade of the service in face of the delay in the process for direct recruitment through the Assam Public Service Commission though the existing vacancies were urgently required to be filled up in view of the escalating law and order situation, proliferation of extremists, pressing need for detection and deportation of foreigners etc. The proposal though processed from the highest level of the said department, was not acceded to by the Personnel (A) Department on the ground that in the meantime, an advertisement had been issued for filling up the vacancies through combined competitive examination by the Commission. The scope of special recruitment as stated was thereby dismissed. This was on 18.7.1989. The above notwithstanding, the Director General of Police, Assam, by his letter dated 17.8.1991 reiterated the suggestion for special recruitment to 20 posts of Deputy Superintendent of Police in terms of Rule 5(1)(c) of the Rules. Though the highest authorities of the department were conscious of the pendency of the parallel exercise for filling up of 30 posts of Deputy Superintendent of Police initiated by the Commission under Section 5(1)(a) of the Rules, initiatives were taken to launch the venture for the special recruitment. The vacancies proposed to be filled up in this manner were identified to be 20. Eventually, a meeting was held on 25.5.1992 between the authorities of Department of Home, Govt. of Assam and the Chairman of the Commission wherein it was inter alia resolved that the recruitment to 20 posts in the Junior Grade of the service in terms of Rule 5(1)(c) of the Rules be made ingratiation of the provisions of the Assam Public Service Combined Competitive Examination Rules, 1989 (hereafter referred to as the 'APSC Rules'). The age limit prescribed for the candidates ranged from 21 years to 45 years. The sources of induction were identified to be serving graduate personnel of Po-lice/PMP/NCC/APR