1. The case was referred to a Full Bench by a Division Bench of myself and Balagangadharan Nair J. as we doubted the correctness of the view taken by Mathew J. of this Court (as he then was) in O. P. 1846 of 1968 which was confirmed by a Division Bench in W.A. No. 949 of 1969.

2. The petitioner is an allotted Officer from the Madras State governed by the Madras Judicial Ministerial Service Rules, and entitled to protection under the proviso to S.115 (7) of the States Re-organisation Act, viz., his conditions of service shall not be varied to his prejudice or dis-advantage except with the previous approval of the Central Government. He entered service on 1-8-1954 in the Malabar area of the Madras State, which, after reorganisation of States, became part of Kerala. Respondents 4 to 7 are also allotted Officers and members of the same service who joined prior to the petitioner. R.22 of the Madras Judicial Ministerial Services Rules provides:

"22. Test or examination to be passed before appointment. No person shall be eligible for appointment to the class and category and by the method specified in columns (1) and (2) of the table below unless he has passed the test or examin