Giri, J.

The principal question that arises for consideration in this writ petition involves application of the principles of the "sit back theory" that have been evolved by the Courts as part of service jurisprudence. In plain terms, the 'theory of sit back' postulates a situation where the incumbents in a service assume as settled, a certain state of affairs reflecting their position in a cadre or a service, vis-a-vis other persons comprised within the same service. The theory has been mostly applied in disputes involving inter se seniority and matters consequential thereto, including promotion. The dispute in the present case involves Superintendents of Central Excise, who originally commenced service as Inspectors. The contesting respondents had commenced service in the Department earlier to the petitioner. They had, on their request, been subjected to an inter-unit transfer. It is the case of the petitioner that such inter- unit transfer, on request, would entail loss of seniority in the parent unit and the transferee has to take his place at the bottom of the cadre in the unit to which he is transferred. Accordingly, the contesting respondents, the petitioner conte