S.S.SANDHAWALIA, S.C.MITAL and RAJENDRA NATH MITTAL JJ.

1. The potitioners and respondents Nos. 4 to 64, are Assistant Excise & Taxation Officers in the State of Haryana and are governed by the Punjab Excise & Taxation Department (State Service Class III-A) Rules, 1956 (hereinafter referred to as the Rules). There are three sources of recruitment to the posts of Assistant Excise & Taxation Officers first, by competitive examination; secondly, by promotion from the cadres of Excise Inspectors and Taxation Inspectors; and thirdly, by transfer of members of ministerial establishment of the Excise & Taxation Department. For the facility of reference, I shall refer to the first category as direct recruits and the latter two categories as promotees. The petitioners are direct recruits whereas respondents Nos. 4 to 64 are promotees.

2. After reorganisation of the erstwhile State of Punjab, 42 posts of Excise and Taxation Officers were allotted to the State of Haryana against which 36 officers were allocated5 direct recruits and 31 promotees. Recruitment continued to be made from amongst Inspectors and ministerial establishment to the service from time to time but no direct recruit