KASLIWAL, J.—As identical questions of fact and law are involved in all the above writ petitions as such the same are disposed of by one common judgment.

2. In all the above writ petitions validity of Rule 25 of the Rajasthan Administrative Service (Emergency Recruitment) Rules, 1976 (hereinafter referred to as "the Emergency Rules"), has been challenged. All the petitioners are the members of the Rajasthan Administrative Service Rules, 1954 (hereinafter referred to as the "R.A.S. Rules"). Part III of R.A.S. Rules deals with recruitment to the service. Rule 7 of the R.A.S. Rules provides sources of recruitment. There are four sources of recruitment to the service after the commencement of these rules (a) by a competitive examination; (b) by promotion of administrative subordinate; (c) by selection from among the extension officers out of the categories mentioned therein; (d) by special selection, from among persons other than administrative subordinates and persons governed by item (c) above serving in connection with the affairs of the State. Under sub-rule (2) of Rule 7 of the R.A.S. Rules recruitment by competitive examination, promotion, selection from amongst extension officers and special selection shall be made in the ratio of 16:6:2:1.

3. The petitioner in writ petition No. 589 of 1981 is a direct recruit of 1972, in writ petition No. 1211 of 1981 a direct recruit of 1974, in writ petition No. 635 of 1981 a direct recruit of 1976. The petitioner in writ petition No. 1334 of 1981 is a special selectee of 1974 and the petitioner in writ petition No. 1368 of 1981 is a promotee of 1976. Except the petitioner in writ petition No. 589 of 1981, all other petitioners were already in Government service for a number of years ranging from 5 to 25 years before their appointment to the Rajasthan Administrative Service either by direct recruitment or by promotion or by special selection. Rule 33 of the R.A.S. Rules provides for seniority as under :—

"R. 33 (l)-Seniority of persons appointed to the lowest post of the service or lowest categories of post in each of the group/section of the service, as the case may be, shall be determined from the date of confirmation of such persons to the said post but in respect of persons appointed by promotion to other higher posts in the service or other categories of posts in each of the group/section in the service, as the case may be, shall be determined from the date of their regular selections to such posts :

Provided :—

(i) that the seniority inter se of the persons appointed to the service before the commencement of these Rules shall be such as may have been determined or as hereinafter be determined by the State Government in accordance with the principles and instructions set out in Schedule V;

(ii) that subject to proviso, (iii) among persons appointed to the service during the same year from the five sources specified in rule 7, persons appointed by promotion shall be senior to those appointed by special selection and persons appointed by special selection shall be senior to those by direct recruitment;

(iii) that the persons appointed to the services by selection this year from amongst the non R.A.S.V.A. in the manner prescribed in sub-clause (3) to Rule 7 shall be senior to those appointed by direct recruitment in 1960 but below those to be appointed by Emergency Recruitment of 1960, i.e. persons appointed by promotion, special selection and Emergency Recruitment of 1960 shall be senior to the above officers;

(iv) the persons appointed to the service by selection from the categories referred to in rule 7 (ii) (c) shall be junior to those appointed by special selection but senior to those appointed by direct recruitment in the same year;

(v) that the seniority of a person appointed to the service by special selection, if he had been appointed Assistant Secretary to Government in a substantive capacity before the promulgation of these Rules shall be calculated according to the formula by which

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