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2. The petitioners are the direct recruits working as AC/GD with Indo-Tibetan Border Police (hereinafter referred to as "ITBP") under the administrative control of Union of India, Ministry of Home Affairs, Government of India/respondent No.1.

3. The Indo-Tibetan Border Police Force was raised on 24.10.1962 under the CRPF Act, 1949. Thereafter, the Parliament of India enacted the Indo-Tibetan Border Police Force Act, 1992 (hereinafter referred to as "ITBP Act, 1992") to provide for the constitution and regulation of the ITBP and for matter connected therewith. Section 153 of the ITBP Act, 1992 under Chapter XI provides for the classification of the officers and their rank and the manner in which their seniority has to be determined.

4. In exercise of the powers conferred under Section 156 of ITBP Act, 1992, the Central Government published the ITBP Rules, 1994 on 30.05.1994. Rule 12 provided for the appointment of Officers. This Rule nowhere provided for determination of inter se seniority of the ITBP Officers appointed from different sources. Rule 187 of the ITBP Rules, a transitory provision, provided that any Rule or Order applicable to the Force on commencement of these Rules, shall continue to apply unless repugnant to these Rules and until and unless abrogated or modified by the Central Government or any other competent authority. Since ITBP Act, 1992 and Rules thereunder only provided for inter se seniority amongst the officers from same source, the respondent applied CRPF Rules for fixation of seniority as contained in Rule 8(b) (ii) of CRPF Rules, 1955.

31. Section 157 of the ITBP Act, 1992 provides that provisions of this Act shall be applicable to the ITBP Force which was in existence at the time of commencement of this Act and personnel shall be deemed to have been appointed as the case may, as such under this Act.

32. ITBP Force Rules, 1994 were formulated in exercise of powers under Section 156 of ITBP Act, 1992 w.e.f. 30.05.1994. Rule 186 provided for repeal and savings and it stated that all Rules and Orders relating to the matters covered by these Rules shall stand repealed in so far as they are inconsistent with any of the provisions of these Rules. Rule 187 of ITBP Rules is the transitory provision which states that any Rule or Order that was applicable to the Force on the date of commencement of these Rules shall, unless repugnant to these Rules, continue to apply unless and until abrogated or modified by the Central Government or any other competent authority.

33. From the scheme of two Acts i.e., CRPF Act, 1949 and the ITBP Act, 1992 and the Rules notified thereunder, it is evident that ITBP was created in the year 1962 under the CRPF Act, 1949 and was applicable to the recruitments made in the ITBP Force. Since the promulgation of Indo-Tibetan Force Act, 1992 w.e.f. 01.09.1992, the said Act became applicable to the ITBP Force and the CRPF Act ceased to be applicable. However, Rules 186 and 187 of ITBP Force Rules, 1994 make it amply clear that the CRPF Act, 1949 and Rules, 1955 to the extent it was not repugnant to the express ITBP Rules, 1994 or repealed shall continue to be applicable.