JUDGMENT :

P.K. Mohanti, J. - These two writ petitions have been heard together and will be disposed of by this common judgment.

2. Petitioner, a member of the Lower Subordinate Education Service, filed Order J.C. No. 511 of 1978 challenging the promotions of Order P. Nos. 4 to 12 to the Subordinate Education Service on ad hoc basis. During the pendency of that writ petition, the State Government issued the Orissa Subordinate Education Service (Regularisation of Recruitment and Conditions of Service of Irregular Recruits in the Offices Subordinate to the Director of Public Instruction (Schools) (General Branch) Rules, 1978 (hereinafter referred to as the "Regularisation Rules") regularising the ad hoc promotions of Order P. Nos. 4 to 12. Thereafter, the petitioner filed Order J. C. No. 144 of 1979 challenging the said Rules as unconstitutional and void.

3. The Orissa Subordinate Education Service (General Branch) Rules, 1972 (hereinafter referred to as the "Recruitment Rules" came into force on 14-9-1972. Under Rule 3 thereof all the Subordinate Officers under the control of the Director of Public Instructions (Schools), Orissa were brought under one unit and the service in respect of