Judgement

ALAGIRISWAMI, J.:- This appeal filed in pursuance of special leave granted by this Court by certain officers of the Co-operative Department of the Government of Gujarat is against the judgment of the High Court of Gujart in a writ petition filed by the respondents.

2. The appellants as well as the respondents (hereinafter called petitioners) were originally servants of the State of Bombay and were allotted to the State of Gujarat on its formation on 1st May, 1960. The Petitioners alleged that they had passed all the prescribed departmental examinations as required by the rules of the State of Bombay and challenged the validity of certain orders of the Government of Gujarat. One of them was an order of May 10. 1962 which provided that persons already promoted would have to pass the examination of G. D. C. & A. within a period of three years and if they did not their increment would be stopped and if they have reached the maximum of the scale their pay would be reduced to the next lower stage until, they passed the examination. It also laid down G. D. C. & A. as a necessary qualification for promotion. Another impugned order was dated June 18. 1965 which contained rules made