JUDGMENT

Pattanaik, J.-The appellants were the Members of the Criminal Judicial Service before its integration and formation of the Kerala Judicial Service. Prior to 1991, in the State of Kerala, the lower judiciary consisted of Civil Judicial Service and Criminal Judicial Service. The Service conditions of the Subordinate Magisterial Service was being governed by a set of Rules called Kerala Sub-ordinate Magisterial Service Rules, 1964. Similarly the service conditions of Civil Judicial Service was being governed by the State Judicial Service Rules, 1966. In the year 1973, on the basis of the order issued by the Government, two separate wings, one on the civil side and the other on the criminal side had been formed. The aforesaid bifurcation under the order of the Executive Government was challenged before the Kerala High Court in the case of M.K. Krishnan Nair v. State of Kerala and Ors., and the Kerala High Court was of the conclusion that such bifurcation is invalid and discriminatory. The decision of the Kerala High Court was assailed before this Court and in the case of State of Kerala v. M.K. Krishnan Nair and Ors.1, this Court upheld the validity of the bifurcation and the d