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 attack on the provisions of sub-sections (2),(3),(4),(5), (6) and (8) of Section 4 as well as Section 11 sub-section (2) of the Act in so far as they conflicted with the order of the High Court, which had become final between the parties. It is not necessary to refer hereinafter to the provisions of the erstwhile Ordinance which has been replaced by the Act, the provisions of which are brought on the anvil of secrutiny in this petition.

Background Facts

2-A. In order to highlight the grievance of the petitioners against the impugned provisions of the Act it is necessary to note at the outset the facts leading to this petition. Petitioners Nos. 1 to 5 were civil servants of the erstwhile State of Hyderabad and Bombay. Their services stood allotted to the new State of Mysore under Section 115 of the States Reorganisation Act, 1956 (hereinafter referred to as the "Reorganisation Act). The new State of Mysore was formed with effect from 1-11-1956 under the provisions of the Reorganisation Act, enacted by the Parliament in exercise of its powers under Articles 3 and 4 of the Constitution of India. Section 115 of the Reorganisation Act provided for allotment of ciril servants of the erstwhile States territories of which were transferred to the successor State by the provisions of Part II of the Act and accordingly the petitioners services stood statutorily allotted to the new State of Mysore. In this context the Parliament conferred the power of integation of services on the Central Government under Section 115(5) of Reorganisation Act. Accordingly integration of services took effect from 1-11-1956.

3. After the reorganisation of the States the Central Government for purposes of effecting integration of services laid down the principles relating to equation of posts and the preparation of seniority lists. The Central Government also directed the State Government to decide provisionally the equation of posts and also to fix seniority and to call for representations from the aggrieved officials, to send the same for final decision by the Government of India. In pursuance of the directions of the Central Government, the State Government took its own time to prepare provisional Inter- State Seniority Lists and to call for objections. The State Government also directed the appointing authorities of the new State of Mysore to make provisional promotions on the basis of the provisional inter-StateSeniority Lists subject to the clear condition that promotion should be revised in accordance with the ranking in the final Seniority Lists to be effective from 1-11-1956 as decided by the Government of India in execise of its powers under Section 115(5) of the Reorganisation Act. Sub-section (7) of Section 115 of the Reoganisation Act laid down that, nothing in this se