Before the High Court, however, the question of vires of the amendments was given up and thus the High Court invited its attention to the following two questions: (i) whether the Super Time scale is/are the highest post/posts in the service; and (ii) if it is so, whether that post/posts is/are to be filled on the basis of seniority cum merit in the proportion of 50:50 or on merit alone in accordance with sub rule (7) of Rule 28 B of the Rules? The High Court by a long and an elaborate judgment, dated 30.4.1988 traced the history of the Rules and the amendments made to rules 28 B and 32 from time to time expressed the opinion that Super Time scale post/posts was/were the highest post/posts in the service and those required to be filled on merit alone and not in the proportion of 50:50 on the basis of merit and seniority cum merit.