JUDGMENT

VENKATACHALA, J. —Judgment dated 31st July 1981, by which a Division Bench of the High Court of Judicature at Bombay, Nagpur Bench, rejected the Special Leave Application No. 317 of 1979 filed under Article 226 of the Constitution of India by the appellants herein, is appealed against by them in this Civil Appeal by special leave.

2. The appellants were the Police Prosecutors appointed by the Inspector General of Police or Commissioner of Police in the State of Maharashtra under Rule 60 of the Bombay Police Manual, 1959 - "the Manual". On their appointment, they became the personnel of the Maharashtra States Police Department (Establishment) under the control of the head of the Department, the Inspector General of Police, as provided for under Rule 32 of the Manual. After the coming into force of the Code of Criminal Procedure, 1973 - "the Code", the Government of Maharashtra issued a Notification dated 1st April, 1974, which read thus :

"In exercise of the powers conferred by Section 25 of the Code of Criminal Procedure, 1973 (II of 1974), the Government of Maharashtra hereby appoints, with effect from 1st April, 1974 the officers specified in column (2) of the Schedule her