The method of promotion adopted by the High Court was invalid because it was inconsistent with the prevailing Rules, the proviso to Section 115(7) of the States Reorganization Act, and Article 16 of the Constitution.

GOPAL RAO EKBOTE, J.

( 1 ) THIS is an application under Article 226 of the Constitution of India filed by 19 petitioners praying for the issue of a writ of Mandamus or any other appropriate writ, direction or order and to declare the existing seniority list of the Subordinate Judges in the Andhra Pradesh as invalid and to quash the said seniority list and to direct perpetration of a proper seniority list according to law showing the petitioners and senior to respondents 3 to 12.

( 2 ) THE facts necessary to appreciate the contentions raised before us may briefly be stated.

( 3 ) AS a consequence of the reorganization of States, Telengana area was joined of Andhra area forming the State of Andhra Pradesh. According to Section 115 of the States Reorganisation Act several of the personnel holding post of the Munsif-Magistrate in the former Hyderabad State Judicial service were allotted to the existing Andhra State Judicial Service. Consequent on such allocation, the question of their integration in Andhra Pradesh State Judicial Service and the equation with their counterparts in the Andhra State Judicial Service, Viz. , District Munsifs, arose.

( 4 ) CERTAIN principles in respect of equation of posts and integration of services belonging to the various regions forming part of the State were settled at the Conference of the Chief Secretaries of all the reorganised States. These decisions included the decision in regard to the first promotion of the officers protected by Part X of the States Reorganisation Act. The decision was that the promotion at the first stage from the post which protected employees were occupying immediately before 1-11-1956 should be made in accordance with the rules governing the service of the protected employees. It is in this connection necessary to bear in mind the proviso to Section 115 (7) of the State Reorganisation Act according tow which provision the service conditions of the protected employees would not be altered affecting them adversely without a prior permission of the Government of India.

( 5 ) THE jurisdiction, the pay scale and the mode of selection of Sub Judges in both these regions were separate. These posts, however were to be filed in both these regions from the posts of District Munsifs in the Andhra area and the Munsif-Magistrates in the Telegana area by way of promotion.

( 6 ) AT the time of the States Reorganisation, the District Munsifs of Andhra, area were on a higher pay scale viz. , Rs. 300-700 than that of their counterparts in Telegana area who were in the grade of Rs. 250/- - 550/ -. The District Munsifs were exercising ordinary pecuniary civil jurisdiction up to Rupees 5000/- and also of small cause jurisdiction up to Rs. 500/- while the Munsif-Magistrates had pecuniary civil jurisdiction up Rs. 2000/- and small cause jurisdiction upto Rs. 50/- only.

( 7 ) DESPITE the above said difference in the pay scale and the scope of their jurisdiction. the posts of Munsif-Magistrates in Telengana area keeping in view the decisions arrived at the Chief Secretaries conference were equated with the posts of the District Munsifs in the Andhra area. Subsequent to his equation of posts, the pecuniary jurisdiction of the Munsif-Magistrates and Sub-Judges in Telengana area was enhanced.

( 8 ) AFTER the equation of the said posts the question of drawing up one integrated common seniority list was to be resolved. The said question obviously was to be settled in accordance with the provisions of Part X of the States Reorganisation Act. Along with it. the question of integration of Rules prevailing in the two areas on 1-11-1956 governed the personnel of the two regions was also to be settled.

( 9 ) A provisional common gradation list of the District Munsifs and Munsif-Magistrates was accordingly prepared by the High Court in 1957. It was published in G. O. 1540, dated 19-9-1957. It was forwarded to the State Government. The State Government after satisfying themselves that the list was in confo

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