I.A. Ansari, J.

1. Is it an invariable principle of service jurisprudence that a person, who has been promoted into a cadre of a service, subsequent to the making of a direct recruitment thereto, must necessarily be treated junior to the direct recruit, for, the promotee cannot be made, or be treated as, senior to the direct recruit from a date, when the promotee was not even born into the cadre of the service concerned? This is the principal question, which the present writ appeal has raised.

2. This writ appeal has been heard on two different dates, namely, on 28.1.2005 and 24.2.2006.

3. We have heard Mr. A.M. Mazumdar, learned Senior counsel, for the Appellants, and Mr. U. B. Saha, learned Senior Government Advocate, Tripura, appearing on behalf of the State Respondents. While we have also heard Mr. A. K. Bhowmik, learned Senior counsel, appearing on behalf of the private respondents, on 28.1.2005, none has, however, appeared on behalf of the private Respondents on 24.2.2006.

4. The Appellants, in the present writ appeal, question, in his appeal, the correctness of impugned judgment and order, dated 23.4.2004, passed in WP (C) Nos. 293/2000 and 294/2000, upholding the impugn