Judgement

RANGANATH MISRA, J. :- This appeal by special leave is directed against the judgment of the Gujarat High Court in a dispute centered round seniority of Government employees in the Gujarat Subordinate Secretariat Service.

2. The short facts necessary for disposal of the two contentions raised in this appeal are the following :

On May 1, 1960, the State of Bombay was bifurcated into two States - Maharashtra and Gujarat. Prior to that date the six appellants in this appeal had joined Government service as Clerks-cum- typists. The Subordinate Secretariat Service was then divided into four grades (i) Clerk-cum-typist; (ii) Junior Assistant; (iii) Senior Assistant; and (iv) Superintendent. Promotions were available from the lower tier to the upper one. When Gujarat became a separate State Government business in the Secretariat was divided into 9 departments separate in every respect so far as the Subordinate service was concerned. On October 12, 1960, by a Government Resolution the cadre of Superintendents became a common one covering all the departments in the Secretariat. Until then seniority was being determined departmentwise and promotions had also been regulated on the sam