JUDGMENT

SARKARIA, J.:—The circumstances leading to this appeal, directed against a judgment of the High Court of Mysore, are as follows:

2. The respondent herein entered the service of the Princely State of Mysore in 1935 as Instructor of Tailoring in the Department of Public Instructions. In 1949 Three Occupational Institutes (Polytechnics) at Hassan, Devangere and Chintamani were started in the State. The respondent was sent on deputation to serve in the Polytechnic at Devangere as Instructor in Tailoring and he joined the new post on November 28, 1949. One Shri K. Narayanaswamy Chetty who was also an Instructor in Tailoring in the Department of Public Instruction was also deputed to the Occupational Institute at Hassan and joined duty there on December 1, 1949. This K. N. Chetty was far junior to the respondent in service. Special Officer-in-Charge of the three Occupational Institutes considered the names of the respondent and K. N. Chetty for absorption as Instructors in Tailoring and recommended for their absorption with effect from the respective dates of their joining duty, after deputation, in the Institutes. Accordingly, K. N. Chetty was absorbed with effect from December