The question that arises for consideration in this case is as to whether the pay drawn by the petitioners while in the High Court service as Assistant Grade I can be reckoned for the purpose of fixing their pay in the post of Assistant Grade II on their appointment as such in the Government Secretariat pursuant to the advise made by the Kerala Public Service Commission. To put it briefly, the question is as to the scope and applicability of Rule 37 (b) of Part I of the Kerala Service Rules (for short "the K.S.R.").

2. Both the petitioners were initially appointed as Assistant Grade II in the High Court of Kerala on 10-2-1986 and 4-10-1985 respectively. They were also promoted as Assistant Grade I on 16-12-1988 and on 11-1-1988 respectively. While continuing as such they applied to the post of Assistant Grade II in the Secretariat. Pursuant to the advise made by the Public Service Commission the petitioners were appointed as Assistant Grade II in the Secretariat and they joined the Secretariat Service on 30-6-1990 and 7-7-1988 respectively. The scale of pay of Assistant Grade II and Assistant Grade I in the High Court service is the same as in the Secretariat service. Th