V. RAMASWAMI, J.

(1) THIS appeal is brought by special leave from the judgment of the Mysore High court, dated the 15/07/1963 in writ petition No. 1114 of 1963.

(2) THE respondent No. 1 joined service in the government central Press, Bangalore as a Compositor in the year 1941. He was promoted as a Computer in 1945. On 1/07/1950 he was deputed to work in the central Jail Press, Bangalore as officiating Foreman. On 13/11/1967 the Mysore public service commission selected respondent No. 1 as a Foreman. Thereafter he was relieved from his post as Foreman in the central Jail Press and he joined government central Press on 5/12/1957 as Foreman. Two posts of Overseer fell, vacant in the government central Press on 1/12/1961. Out of these two posts one was being reserved to be filled up by promotion. The case of the first respondent was that he should have been promoted to this post in preference to the second respondent who joined service as a Work Clerk on 20/04/1955. The second respondent was promoted as an Overseer by Office Order No. 394/61- 62, dated the 21st of November, 1961. The first respondent was promoted as Supervisor by Office Order No. 727/62-63, dated 29/03/19