JUDGMENT P.P. Naolekar, C.J. 1. A writ petition was filed by three Petitioners, who were practising Advocates and appointed temporarily as Additional District and Sessions Judge in Grade-I of the Assam Judicial Service, seeking the relief of quashing the Notification, whereby the High Court was requested to take necessary action so that the services of District and Sessions Judges appointed be placed at the disposal of the Government for appointment as the Member of the Illegal Migrants (Determination) Tribunals. It is further claimed by the Petitioners that they be declared as the Members of the Cadre Grade-I of the Assam Judicial Service and consequent thereof to confirm them in the Cadre, fix their inter-se-seniority in the Cadre of Grade-I of Assam Judicial Service and withdraw them from deputation from the Political Department and to absorb in Grade-I of Assam Judicial Service by posting them as District Judges. 2. The brief facts necessary for adjudicating the questions involved in the appeal are that a Notification was issued on 4.2.84 inviting applications from practising Advocates for appointment to some temporary posts of Additional District and Sessions Judge in Grade-I of the Assam Judicial Service. One of the conditions of the advertisement was that the candidates if and when appointed may have to work as Members of Illegal Migrants (Determination) Tribunals. The advertisement further stated that the posts are purely temporary and may be terminated at any time with one month's notice. The Petitioners were called for interview and after written test they were selected. Thereafter, the Petitioners were appointed as Additional District Judges, Grade-I of the Assam Judicial Service vide Notification dated 21.7.1987, which was duly published in the Assam Gazette. The Notification reads as under: (i) On the recommendation of the High Court, the Governor of Assam is pleased to appoint temporarily and until farther orders the following Advocates as Addl. District and Sessions Judge in Grade-I of Assam Judicial Service with immediate effect for their appointment as members of the Illegal Migrants (Determination) Tribunals. (ii) In exercise of the powers conferred by Sub-section (1) of Section 6 of the Bengal Agra and Assam Civil Courts Act, 1887, die Governor of Assam in consultation with the High Court is pleased to appoint temporarily and until further orders, the following officers in Grade-I of the Assam Judicial Service as Additional District Judges to exercise powers within their respective jurisdiction. It is manifest from the Notification that the Petitioners have been appointed in exercise of powers under Sub-section (1) of Section 6 of the Bengal Agra and Assam Civil Courts Act, 1887 for the purpose of being appointed as Members of the Illegal Migrants (Determination) Tribunals. The Notification itself indicates that the Petitioners were selected as Additional District Judges, Grade-I of Assam Judicial Service for the purposes of giving appointment to the post of Members of the Illegal Migrants (Determination) Tribunals. It was so necessary because the appointment to the post of Members of Illegal Migrants (Determination) Tribunals could only be made from the posts of District Judge and Additional District and Sessions Judges, Grade-I of Assam Judicial Service. It is an admitted fact that the Petitioners from the very inception of their appointment have been posted as Members of the Illegal Migrants (Determination) Tribunals. The Petitioners filed representations for treating them as judicial officers in the Cadre post of Assam Judicial Service. These representations were rejected, consequently, a writ petition was filed by the Petitioners. The learned Single Judge by judgment and order dated 20.5.94 rejected the writ petition, therefore, the present appeal is filed. 3. It is the case of the Respondents that Petitioners have never been appointed in the cadre post of the Additional District Judge of the Assam Judicial Service and they have been appointed in the post to be filled in as Member of the Illegal Migrants (Determination) Tribunals. To support the case, the Registry of the High Court has placed relevant record before the learned Single Judge, which is extensively quoted the steps taken by the High Court and the orders issued from time to time, in the judgment of the learned Single Judge. On 2.3.87 the Registrar (Judicial) of the Gauhati High Court put up the following note. The Hon'ble the Chief Justice (Acting) The Government of Assam in the Political Department have requested this Court for sending a panel of names of 12 Addl. District and Sessions Judges for appointment as Member of the Illegal Migrants (Determination) Tribunals as 12 such posts are lying vacant. We do not have so many Judicial Officers. Therefore, if your Lordship pleases we may advertise for the posts with short notice to elect suitable candidate if available. The Hon'ble Chief Justice (Acting) passed the following order- Yes, Advertise and inform the Government. We do not have so many Judicial Officers. Therefore, if your Lordship pleases we may advertise for the posts with short notice to elect suitable candidate if available. The Hon'ble Chief Justice (Acting) passed the following order- Yes, Advertise and inform the Government. Thereafter, by another note it was stated as follows: As per order of Hon'ble the Chief Justice (Acting) dated 2.3.87 at pre-age an advertisement was published in the local papers for appointment to some purely temporary post-of Additional District and Sessions Judges in Grade-I of the Assam Judicial Service created for the purpose of appointment as Members of the illegal Migrants (Determination) Tribunals in Assam. The notes clearly indicate that the posts filled in by the Petitioners were created for the purpose of appointment as Members of the Illegal Migrants (Determination) Tribunals, Assam. After the file is being moved for filling up the posts and issuance of advertisement a Board of three Judges of the High Court was constituted to select candidates and after the selection of the candidates by the Board the matter was placed before the Full Court. The Full Court by its resolution dated 5.8.87, inter alia, stated as follows: Resolved that this Court recommends the names of the following 5(five) persons for appointment as Addl. District and Sessions Judges in Grade-I of the Assam Judicial Service in terms of the aforesaid Government letter No. PLB.11/86/PT(i) dated 19th February, 1987 and for the aforesaid purpose namely to be placed at the disposal of the Government of Assam for appointment as Members of the Illegal Migrants (Determination) Tribunals only. 4. The Full Court resolution makes it abundantly clear that the Petitioners were appointed as Additional District Judge; Grade-I of Assam Judicial Service for filling up the posts of Members of the Illegal Migrants (Determination) Tribunals. The High Court never considered the appointment of the Petitioners as appointment under the Assam Judicial Service Rules, 1967 nor considered it to be an appointment to the cadre post in the Assam Judicial Service. The High Court never considered the appointment of the Petitioners as appointment under the Assam Judicial Service Rules, 1967 nor considered it to be an appointment to the cadre post in the Assam Judicial Service. Rule 5(4)(a)(i) of the Assam Judicial Service Rules, 1967 prescribes procedure for appointment of officers to the post of Grade-I. As per the said Rule, the appointment to the post of Grade-I shall be made by the Governor either by promotion from the Grade-II in consultation with the High Court or by direct recruitment from the Bar on the recommendation of the High Court, provided that no more than one third of the post may be filled up by direct recruitment. The High Court has the power to recommend appointment to the post of Grade-I post of Judicial Officers in cadre of Assam Judicial Service either by promotion from Grade-II officers or to fill up those posts by direct recruitment from the Bar. But under the proviso to the Rule the posts to be filled up are to be restricted to one third of the cadre post. It is nowhere alleged by the Petitioners that they have been appointed by the High Court in exercise of this power. There is nothing on record to indicate that the appointment of the Petitioners was made to the cadre post that too within the permissible limit, i.e. not more than one third of the cadre strength. The Full Court meeting held on 5.8.87 at its resolution at item No. 2, considered the representations filed by Pyari Mohan Deka, one of the selected candidates from the Bar for confirmation of his service in Grade-I of the Assam Judicial Service and the resolution reads as follows: Perused the resolution dated 4.5.84 recommending the names of 7 candidates for appointment as Additional District and Sessions Judges in Grade-I of the Assam Judicial Service in terms of the Government letters No. JDR.68/79/124 dated 12.1.84 and No. JDR.68/79/135 dated 9.3.84. Perused the Notification No. JDR.68/79/174 dated 21st July, 1984 of the Government of Assam, Judicial Department, Judicial Branch, appointing Shri Pyari Mohan Deka along with others temporarily and until further orders as Additional District and Sessions Judge in Grade-I of the Assam Judicial Service as members of the Illegal Migrants (Determination) Tribunals. Perused the Notification No. JDR.68/79/174 dated 21st July, 1984 of the Government of Assam, Judicial Department, Judicial Branch, appointing Shri Pyari Mohan Deka along with others temporarily and until further orders as Additional District and Sessions Judge in Grade-I of the Assam Judicial Service as members of the Illegal Migrants (Determination) Tribunals. Also perused the Notification No. JDR/68/79/174/B dated 21st July, 1984 placing the services of Shri Pyari Mohan Deka at the disposal of the Political Department for his appointment as Member of the Illegal Migrants (Determination) Tribunal. As the post was advertised pursuant to the aforesaid Government's letter only for the purpose of appointment in Grade-I of the Assam Judicial Service for being placed at the disposal of the Political Department for his appointment as member of the illegal Migrants (Determination) Tribunal and as the appointment has been made temporarily and until further orders", the question of confirmation of the service of Shri Pyari Mohan Deka in Grade-I of Assam Judicial Service by the High Court does not arise. Resolved that the application of Shri Pyari Mohan Deka for confirmation be rejected. The High Court resolution in no uncertain terms stated that the posts on which the Petitioners have been appointed were advertised pursuant to the Government letter only for the purpose of appointment in Grade-I of the Assam Judicial Service for being placed at the disposal of the Political Department for appointment as Members of the Illegal Migrants (Determination) Tribunals and the appointment have been made temporarily until further orders, hence the question of confirmation in Grade-I of Assam Judicial Service by the High Court does not arise. There is also a letter dated 13.8.87 from the Registrar (Judicial), Gauhati High Court to the Secretary to the Government of Assam, Judicial Department in regard to the appointment of Additional District and Sessions Judges for appointment as Members, Illegal Migrants (Determination) Tribunals. The letter, inter alia, reads as follows: With reference to above I am directed to say that the High Court has been pleased to recommend the names of the following persons for temporary appointment as Addl. District and Sessions Judges in terms of the Government letter dated 19.2.87 for the only purpose of placing their service at the disposal of the Political (B) Department of the Government of Assam for their appointment as Members of the Illegal Migrants (Determination) Tribunals. 5. District and Sessions Judges in terms of the Government letter dated 19.2.87 for the only purpose of placing their service at the disposal of the Political (B) Department of the Government of Assam for their appointment as Members of the Illegal Migrants (Determination) Tribunals. 5. From the aforesaid correspondence of the High Court and the Government and also the resolutions passed by the High Court, it is apparent that the Petitioners are not appointed as Additional District and Sessions Judge in the Assam Judicial Service as per Assam Judicial Service Rules, 1967 and have been appointed only as Members of the Illegal Migrants (De-termination) Tribunals. The procedure that was followed had required to be adopted because under Section 5 of the Illegal Migrants (Determination Tribunals by Act, 1983, no member of the Tribunal could be appointed as member unless he is or has been a District Judge or an Additional District Judge in any State. The requisite qualification for appointment as Members of the Illegal Migrants (Determination) Tribunals is that he is or has been a District Judge or an Additional District Judge in any State. To fill up the vacancies of the Members of the Tribunals constituted in the State of Assam, the State Government was required to appointment the persons first to be as Additional District Judge, Grade-I, so that they could be appointed as Member of the Illegal Migrants (Determination) Tribunals as per the requirement of Sub-section (2) of Section 5 of the Illegal Migrants (Determination by Tribunals) Act, 1983. Petitioners not being appointed as Additional District and Sessions Judges in the cadre post in the Assam Judicial Service in accordance with Rule 5(4)(a)(i) of the Assam Judicial Service Rules, 1967, they are not entitled to any relief as claimed in the writ petition. Hence, the learned Single Judge rightly dismissed the writ petition filed by the Petitioners and we do not find any good or sufficient reason to take a different view of the matter. Accordingly, the appeal is dismissed. There shall be no order as to costs. Appeal dismissed