Judgment

KRISHNA IYER, J. :- The State of Mysore, appellant before us, has raised two contentions, the first being the more material but less meritorious and the second secondary but substantial. The first respondent herein filed a petition under Art. 226 seeking several reliefs including (a) the quashing of an order denying him credit for service while he was private Secretary to three Ministers beginning from October 27, 1946 till July 23, 1954 (with minor interruptions when he served in other capacities, an inconsequential circumstance in this case) when he was made Assistant Secretary, and (b) a direction for payment of such amounts as he would have got had his due inter se seniority and promotion been accorded to him. The High Court granted both reliefs and they are challenged in this Court. There is no doubt, on the pleadings and indubitable evidence on record, that the petitioner came into a Class I post from October 27, 1946 and his claim to service since then running continuously, in undeniable. Learned counsel for the appellant has fairly and rightly conceded the legitimacy of this claim. Indeed, the State Government had accepted the petitioner s right based on the equival