Appeals by special leave from the judgment and order dated April 11, 1969 of the Mysore High Court at Bangalore in Writ Petitions Nos.
384, and 392 and 303, dated 30th August, 1967, amending the Mysore State Accounts Services Recruitment Rules, 1959, and the promotions of Respondents 3 to 8 of in Writ Petition No.
CIVIL APPELLATE JURISDICTION Civil Appeals No, 193 194 of 1971.
The petitioners became absorbed in what was legally a single permanent service regulated by uniform After examining the cases of the petitioners that, in the matter of promotions, they were discriminated against simply because they had worked in the P.W.D. Accounts Unit, which had ceased to exist, the High Court held that the petitioners grievances were justified.
It found that figures showing the number of appointments of members of the same service derived.
The High Court of Mysore had quashed three State Government Notifications Nos.
The result of the Rules of 1959 was that an artificial distinction based on mere separate companytrol had been abolished so that both units came under the legally single administrative Control of the Accounts Department incharge of the Controller of State Accounts.
Local Fund Audit unit, known also as the State Accounts Department, came under the companymon administrative companytrol of the Controller of State Accounts.
Ramajois S. S. Khanduja and Lalita Kohli, for respon dents Nos.
1416/67.
2 4 8 Interveners in M. Choudhajah 14 others in C.A. No.
It pointed out that the qualifications and status of the officers of the formerly separate units were identical, their work was of the same nature, the recruiting authorities were the same, the standards observed and tests prescribed for entry into the formerly separate units were identical.
The High Court after examining the rules of 1959, in the companytext of all the orders, proceeding and following the promulgation of these Rules, companycluded There cannot be the slightest doubt from these rules that a clear and companyplete integration was brought about between the two units.
1416 and 2918 of 1967.
B. Datar and S. N. Prasad for respondent No.
193/71.
130 335 was created by the Mysore Government under the administrative companytrol of the Chief Engineer.
On 26h May, 1959, the Mysore State Accounts Services Cadre and Recruitment Rules were issued and companybined cadre strength were fixed.
in C.A. No.
Both the petitioners passed the prescribed examinations and were absorbed in the Divisional Accounts Cadre.
R. Som Nath Iyer, and M. Veerappa, for the appellant in both the appeals .
1 in both the appeals .
numberified on 26 5 1959.
193/71 .
G. Ratnaparkhi for Interveners C. Y. Shastri 19 Ors.
The Judgment of the Court was delivered by BEG, J. The State of Mysore has companye to this Court with two appeals number before us by Special Leave against the companymon judgment on two Writ Petitions which were allowed.
It had directed the State of Mysore to companysider the cases of the petitioners with those of Respondents 3 to 8 for promotion before it under the Mysore State Accounts Services Recruitment Rules 1959, made under Article 309 of the Constitution of India.
On 15th May, 1959, the two formerly separate units of the Accounts service, namely the W.D. Accounts unit, under the Chief Engineer of P.W.D., and the.
