Judgement

S. B. MAJMUDAR, J. :- William Macpeace Thakare in his lectures on "English Humorists of 18th Century" spoke of Jonathan Swift working in the household of Sir William Temple in the following terms : "His servility was so boisterous that it looked like independence". As will be highlighted in this judgment the servility of judgment-debtor, State of Mysore, the precursor of the State of Karnataka was equally boisterous when it tried to cast off its judgment debtors role by resorting to legislative independence, which as will be demonstrated, has remained a legally futile attempt.

2. This is a petition under Article 32 of the Constitution of India. The petitioners have brought in challenge the provisions of the Mysore Ordinance 1 of 1973, namely. The Mysore State Civil Services (Regulation of Promotion, Pay and Pension) Ordinance No. 1 of 1973. By an amendment to the petition they have also brought in challenge the provisions of the Karnataka State Civil Services (Regulation of Promotion, Pay and Pension) Act, 1973 (hereinafter referred to as the impugned Act) which replaced the State Ordinance. At the stage of arguments learned counsel for the petitioners concentrated his at