Judgment

GOSWAMI, J.:- These appeals by certificate are directed against the judgment of the Kerala High Court in several writ applications filed there challenging the final integration list of judicial officers allotted to Kerala State under the States Reorganisation Act, 1956, briefly the Act. The appellant in Civil Appeal No. 2629 of 1969, which we will take first, was a practising Advocate. He was recruited along with 82 others by the Madras Public Service Commission, briefly the Commission, and was temporarily appointed as a District Munsiff by the Madras Government on November 25, 1950. This appointment was under Rule 7-A of the Madras State Judicial Service Rules, then in force. The Madras High Court posted him for training which commenced on January 16, 1951 and while undergoing training he was posted as District Munsiff at Calicut where he took charge of this post on May, 26, 1951. Since then he has been in continuous service as Munsiff, Subordinate Judge, District Magistrate and as District Judge. One B. Venkataramana, who had not been selected as District Munsiff along with the appellant and others in 1950, challenged the selection made by the Commission in a writ petition before this Court. This Court allowed the petition and the decision is reported in Venkataramana v. State of Madras, AIR 1951 SC 229. This Court held that the Communal G. O. of the Madras Government which besides making reservation of posts for Harijans and backward Hindus, as sanctioned by cl. (4) of Article 16, also made reservation of posts for other communities viz., Muslims, Chirstians, Non-Brahmin Hindus and Brahmins was repugnant to the provisions of Article 16 and was as such void and illegal. The Court, however, did not cancel all the appointments made during the year but directed the Government to consider and dispose of the application of Venkataramana on its merits and without applying the rule of communal rotation. It may be mentioned that the appellants here and other successful candidates were not joined as respondents in the said writ petition before this Court. Venkataramana was accordingly selected and appointed as District Munsiff and he took charge of his office on October 6, 1951. Consequent upon the decision in that case the Madras State Judicial Service Rules (briefly the Madras Rules) were framed on October 6, 1953 under Article 234 read with Article 309 of the Constitution. These Rules came into effect retrospectively from March 22, 1951. It is averred that the appointment of the appellant is thus under Rule 11 (2) of the Madras Rules. On November 2, 1953, the Madras Government directed that the services of the appellant along with other candidates be regularised w.e.f. October 6, 1951, the same date from which Venkataramana s appointment has been so done (vide Ext. P-7). It is also mentioned in this order that the 82 officers mentioned in the schedule to the order including Venkatarama (serial No.27) and the appellant (serial No.72) will commence probati on from that date. The Government, however, sanctioned increment in the time scale to the appellant and the other District Munsifs appointed in 1950 and 1951 from the date of commencement of continuous service (vide Ext. P-6). Consequent upon the passing of the States Reorganisation Act on August 31, 1956, 51 Judicial Officers including the appellant belonging to different cadres like District Judge, District Magistrate, Sub-Judge, Munsif and Sub-Magistrate were transferred from the Madras State to the Kerala State on September 11, 1956. The appellant was finally allotted to Keala w.e.f. October 24, 1956, as per order of the Government of India dated August 24, 1960, under the Act. The State of Kerala was brought into being w.e.f. November 1, 1956. We may note here that the new Kerala State was formed under Section 5 of the Act comprising the territories of the existing State of Travancore Cochin, excluding the territories transferred to the State of Madras by Section 4; a