JUDGMENT :

C.L. Soni, J.

These appeals under section 100 of the Code of Civil Procedure are filed by original plaintiffs. They filed suits seeking declaration that they being employees of the erstwhile Junagadh State, they could not be retired at the age of 58 years but would be entitled to continue in service till 60 years of age as they would continue to be governed by the rules of erstwhile Junagadh State even after its merger into Saurashtra State which merged into bilingual State of Bombay and then Gujarat State on bifurcation from Bombay State.

2. The appellant of Second Appeal No. 86 of 1997 had filed Regular Civil Suit No. 700 of 1985 and his case in the suit is that he was initially appointed by the Revenue Commissioner vide order dated 10.2.1948 as writer clerk in the erstwhile Junagadh State, that the Junagadh State merged into Saurashtra State and thereafter in Bombay State and then, the State of Bombay was bifurcated and State of Gujarat came into existence with effect from 1.5.1960 and the services of the plaintiff came to be allocated to the newly formed State of Gujarat. During the regime of the Junagadh State, the Junagadh State had framed State Account Code and as pe