JUDGMENT :

VINOD CHANDRAN, J.

1. The essential comity ideally required within a common service, identified as a designated cadre comprised of both "direct recruits" and "by-transfer appointees/promotees"; is often disturbed by inter se disputes of seniority, which the Courts have been resolving. Here, we find one of such disputes in the Higher Judicial Service of the State. There is no dearth of precedents, of the Hon'ble Supreme Court and the High Courts; which however has to be applied on the basis of the specific service rules. In the present case, there are two aspects to be decided, which essentially arise from the claim of the direct recruits that they should be assigned to the specific number of vacancies set apart for that category de hors any promotions made from by-transfer appointees, in excess of the category assigned for such promotions or by-transfer appointments, as is the description in the Special Rules.

2. The direct-recruits place heavy reliance on the decision of a Full Bench of this Court in Haneefa P.K. & Others v. State of Kerala & Others, reported in 2012 (4) KHC 510, which resolved an identical dispute, between the by-transfer appointees and direct recruits, w