Mookerjee, C.J : The State of West Bengal and three others have preferred this appeal against the judgment and order dated 11th October, 1985 of his Lordship the Honn’ble Mr. Justice A.K. Sengupta making absolute a Rule obtained by the writ petitioners, Subrata Majunmdar and Sushil Kumar Dey, challenging the vires of the West Bengal Services (Secretariat Common Cadre) Rules, 1984 and the West Bengal Services (Secretariat Common Cadres of Deputy Secretaries and Assistant Secretaries) Rules, 1984.

2. In the exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of West Bengal had made the said two Common cadre Rules and they applied to all government employees holding in the Secretariat Department and offices mentioned in the schedule to the said two Rules, the posts borne in the secretariat common cadres formed under Rule 4 of the respective two Rules. The expression ‘common cadres’ has been given identical definition in Rule 3(iii) of both the Rules as follows :

“............... means a cadre of same category of posts in the Secretariat Department and Offices formed into a cadre under these Rules”

Under Rule 4(1) of the West