JUDGMENT :

Deepak Gupta, J.

1. This Writ Petition is directed against the order of the learned H.P. State Administrative Tribunal dated January 12, 2001 passed in O.A. No. 191 of 1999 whereby the Original Application filed by the petitioners and respondents No. 6&7 herein was rejected.

2. Briefly stated, the facts are that the petitioners and the private respondents are all working in the Prosecution Department of the State of Himachal Pradesh. They were selected as Assistant District Attorneys on different dates. The petitioners, by means of the O.A. and by means of the present petition have challenged the constitutional validity of the Demobilized Armed Forces Personnel (Reservation of vacancies in the Himachal Pradesh State Non- Technical Services) Rules, 1972 (hereinafter referred to as the Rules). Rule 5(i) of the aforesaid Rules as originally notified on 28.3.1972 read as follows:

"Service rendered in the armed forces including the period spent on training prior to Commission in the case of Commissioned Officers, shall count, in full, towards seniority and fixation of pay under the State Government in the post to which he is first appointed against the vacancy reserved under Rule