JUDGMENT : 1. The appellants are promotee Inspectors of Police. The respondent Nos. 3 to 6 are Direct Recruit Inspectors. The dispute is as regards inter se seniority firstly, in the cadre of Inspectors of Police and secondly in the cadre of Deputy Superintendents of Police. The High Court in the impugned judgment had merely affirmed the order of the Government in Annexure P-9 marked here dated September, 1990 passed by the Financial Commissioner and Secretary to Government of Haryana, Home Department. The appellants claimed that they are seniors to the respondents in a point of time since they have been confirmed as Inspectors of Police earlier to the Direct Recruits were appointed. After they were promoted as Deputy Superintendents of Police, they were put in 'G' list. Thereafter the respondents were promoted. On a writ petition filed by one of the direct recruits, the High Court without giving notice to the appellants directed the Government to dispose of the representations filed by the direct recruits. Pursuant thereto notices were given to the appellants as to why they should not be placed below to direct recruits. Thereafter the appellants submitted their representations. On a consideration thereof the impugned order dated September, 1990 came to be passed by the Financial Commissioner. The impugned order shows that when the appellants were promoted as Deputy Superintendents of Police the direct recruits are eligible to be enlisted in 'G' list and their claims were ignored. We decline to go into the relative merits. When the appellants have challenged the correctness thereof, the High Court should have gone into the merits. The High Court committed an error of law in not considering the same. We find force in the contention of the appellants that the inter so claims should have been determined by the High Court and decided as per the rules applicable to the appellants and the respondents on the respective dates. Unfortunately, the High Court did not go into the merits. The learned counsel for the appellants contends that as on the date when the promotions were given there existed regular posts for the promotees but were not taken into consideration. This is also to be decided on placing the factual picture. No counter affidavit was filed by the State of Haryana. The direct recruits are not represented. We are not deciding the case on merits. This is also to be decided on placing the factual picture. No counter affidavit was filed by the State of Haryana. The direct recruits are not represented. We are not deciding the case on merits. It is appropriate to remit the matter to the High Court to consider the case afresh on merits after giving opportunity to the parties. The impugned order of the High Court is set aside and the High Court is requested to dispose of the matter as expeditiously as possible since it is pending for a long time. The appeal is allowed but in the circumstances without costs. Appeal allowed.