( 1 ) A constitutional question of first impression as to the nature and meaning of executive power of the President under the Constitution has arisen among other questions in this case.

( 2 ) THE accounts work of the main Department of Posts and Telegraphs used to be done by the petitioners designated as Senior Accountants governed by the Posts and Telegraphs Accountants Service (Recruitment) Rules, 1958 at Annexure R-2 of the written statement as amended on 29th March 1963 at Annexure R-3. The accounts work in the Telecommunications Branch of the Department of Posts and Telegraphs was, on the other hand, done by the personnel of the Audit department called the SAS Accountants. The recruitment to the grade of Accounts Officers used to be made under the General Central Service Class II (Accounts/administrative Officers) Recruitment Rules, 1968, dated 15th February 1968 at Annexure R-5 to the written statement. Under these rules, the Senior Accountants of the Posts and Telegraphs Department with five years approved service in the grade were alone eligible for promotion as Accounts Officers.

( 3 ) ON 27th March 1968, as per letter at Annexure C to the writ petit