Judgment

RAY, J. :- This four appeals are by certificate from the common judgment dated 23 February, 1968 of the Andhra Pradesh High Court.

2. The subject-matter of these appeals relates to the equation of posts and integration of services of officers of the Public Works Department in the State of Andhra Pradesh consequent on the reorganisation of States in the year 1956.

3. On 1 November, 1956 the State of Andra Pradesh came into existence under the States Reorganisation Act, 1956 (hereinafter referred to as the Act). The State of Andhra Pradesh was formed out of the former State of Andhra Pradesh and the Telengana area of the former Hyderabad State (hereinafter referred to as the Andhra State and the Telengana area).

4. The appellants were Engineers in the employment of Andhra State. On the formation of the State of Andhra Pradesh the appellants under the provisions of the Act continued to serve the State of Andhra Pradesh. The respondents who were Telengana officers in the employment of the State of Hyderabad continued to serve the State of Andhra Pradesh.

5. Prior to the reorganisation a Conference of Chief Secretaries was held in the months of April and May, 1956. It was agreed at the Conference that four principles should be followed for equation of posts in the two services, namely, the services of Andhra State and Hyderabad State which were to be allocated to the State of Andhra Pradesh. These four principles were; first, the nature and duties of a post; second, the responsibilities and powers exercised by the officers holding a post; the extent of territorial or other charge held or responsibilities discharged; third, the minimum qualifications, if any, prescribed for the two posts and fourthly, the salary of the post.

6. In regard to the fixation of the inner se seniority of officers holding equivalent posts it was agreed that three factors should be taken into consideration. The first was the length of continuous service whether temporary or permanent in a particular grade. This length could exclude periods for which an appointment is held in a purely stop-gap or fortuitous arrangement. The second consideration was the age of the person, other factors being equal, for instance, seniority might be determined on the basis of age.Thirdly, as far as possible, the inter se seniority of officers drawn from the same State should not be disturbed.

7. The Central Government in the month of September, 1956 directed the State Government to draw up provisional common gradation list keeping in view the general principles agreed to at the Conference of the Chief Secretaries.

8. It may be stated that out of the former State of Hyderabad some areas were transferred to Mysore and some to Bombay which became Maharashtra and the Telengana area became part of the State of Andhra Pradesh.

9. Under the States Reorganisation Act the questions relating to equation of posts and integration of services of the employees of Andhra and Hyderabad States are to be decided finally by the Central Government. Section 115 of the Act in sub-sec. (5) provides that the Central Government may by order establish one or more Advisory Committees for the purpose of assisting it in regard to (a) the division and integration of services among the new States and the State of Andhra Pradesh and Madras, and (b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this section and the proper consideration of any representations made by such persons.

10. The Governments of Andhra Pradesh constituted Advisory Committee for integration of services of Andhra and Hyderabad States and preparation of common gradation lists for all services personnel in Andhra Pradesh. There were two Advisory Committees. One was with respect to the gazetted staff and the other with respect to non-gazetted staff. The conclusions of the Advisory Committees were reviewed by the State Government and the opinion of the Central Government was sought and adopted by the