Y.V.CHANDRACHUD, J.

(1) SINCE these two appeals involve identical questions, we propose to state the facts of one of these only. The decision in Civil No. 1575 of 1970 will govern the other appeal.

(2) THE three appellants were appointed as temporary Junior Engineers in the Madras Highway Subordinate Service under Rule 10(a)(1)(1) of the Madras State and Subordinate Services Rules. Appellants 1 and 2 were appointed on June 6 and June 8, 1951 respectively while the third appellant was appointed on 30/06/1950. A few years later they were appointed to the very same posts after selection by the public service commission and in course of time, orders were issued under Rule 23 (a) of the aforesaid rules permitting them to commence their probatibn from dates anterior to the dates of their appointments after selection by the public service commission but subsequent to the dates of their initial appointments under Rule 10(a)(i)(l). The first appellant was permitted to commence his probationary period on 4/07/1954, the second on 18/07/1954 and the third on 15/03/1953.

(3) ON 1/11/1956, on the reorganisation of States, appellants were allotted as Junior Eng