Judgment

SHAH, J.:- Certain officers in the ministerial branch of the Secretariat Service of the State of Gujarat moved a petition in the High Court of Gujarat for an order directing the State Government to treat its order dated August 19, 1966 as "illegal, void and of no effect" and to forbear from enforcing Its order treating the persons whose names were specified in the annexure to the order as servants of the "Secretariat cadre." The High Court of Gujarat granted the petition and declared the order dated August 19, 1966, invalid. With certificate granted by the High Court this appeal has been filed.

2. Prior to November 1, 1956, the appellants were holding permanent posts in the ministerial service of the Secretariats of the Part B State of Saurashtra and the Part C State of Kutch. By virtue of Section 8 of the States Reorganization Act 37 of 1956 the new State of Bombay, which included the territories of the States of Saurashtra and Kutch, was formed. S. 115 of the States Reorganisation Act made provisions relating to services other than All-India Services. By sub-section (1} of Section 115 it was enacted, inter alia, that every person who immediately before the appointed day wa