ORDER

The appellants were working as Hereditary Village Accountants in Gulbarga District of the State of Karnataka. As a consequence of the coming into force of the Mysore Village Offices Abolition Act, 1961, the office of the hereditary accountant was abolished. The appellants were, however, permitted to continue in their respective offices till the time fresh appointments were made to the posts of Village Accountants. Thereafter, fresh recruitment was made but the appellants were not selected. The appellants challenged the fresh selection by way of writ petitions under Art. 226 of the Constitution of India before the Karnataka High Court. A learned single Judge of the High Court dismissed the writ petitions. Writ Appeals 1864-65/80 arising out of W.P. Nos 5034/77 and 5615/77 were heard by a Division Bench of the Karnataka High Court and the Bench by its judgment dt. Nov 21, 1980 dismissed the writ appeals on the following reasoning:

"In these appeals, the only contention urged by Sri B.G. Sridharan, learned counsel for the appellants-petitioners, was that under the proviso to R. 10 of the Karnataka General Services (Revenue Subordinate Branch) Village Accountants (Cadre and Recruit