JUDGMENT

M.N. Shukla, J. - In these writ petitions the petitioners have challenged the selection proceedings in respect of certain posts of the District Statistics Officers held in September 1969. The facts involved in the two petitions are substantially the same and consequently they may he disposed of by a common judgment. Sri Prem Shanker Bhargava is the sole petitioner in Civil Misc. Writ No. 697 of 1970 whereas in the other petition there are eight petitioners.

2. The material facts stated in the petitions are that in the year 1958 the scale of the posts of District Statistics Officer in the Directorate of Economics and Statistics was Rs. 250-850. The department was permanent but the posts were temporary. In 1961 the aforesaid 51 posts were downgraded as a measure of economy and they were brought down to a scale of Rs. 2 0 0-500. The petitioner (in writ No. 697) had applied for the advertised post of the District Statistics Officer in the year 1963. He was interviewed for the post by the Public Service Commission, U.P. and v/as duly selected along with fifteen other persons. He actually joined the said post in the scale of Rs. 250-600. In 1965 the pay Rationalisation Committee had recommended a change in the scale of pay from Rs. 200-500 to Rs. 250-690. By the G.O. dated 3-4-1967 (Annexure A to the writ petition) the aforesaid scales of Rs. 250-850 and Rs. 200-500 were merged in one scale of Rs. 250-600. By another G.O. dated 4-4-1967 all the posts of the District Statistics Officer in the scale of Rs. 250-600 were abolished and by the same order 51 posts of District Statistics Officer were created in the new scale of Rs. 300-900.

It appears, however, that on account of the aforesaid abolition and creation of new posts the Government as well as the office of the Accountant General experienced some difficulty in fixing the salary and therefore eventually by G.O. dated 20-2-1969 (Annexure D) the Government stated that the aforesaid posts should not be deemed to be abolished but should be deemed to have been upgraded to the scale of Rs. 300-900 per month. After the upgrading of the post the Government issued a letter dated 10-10-1967 to the petitioner (Annexure C) wherein it was stated that the Government had decided that these posts be now refilled by direct recruitment through Lok Seva Ayog, Uttar Pradesh. The posts were to be re-advertised and a copy thereof was forwarded for information to all the District Statistics Officers concerned with the requests that they were to apply and take chance with others when the posts were advertised. Pursuant to this letter the petitioner was required to appear before the Public Service Commission, U.P. when the posts were advertised. The petitioner realising that the post on which he was already working had been upgraded made a representation dated 14-4-1969 to the Government (Annexure E) objecting to the requirement that he must appear before the Public Service Commission. U.P. for that post and stating that he should be deemed to have been automatically transferred to that post with continuity of service and with all the grade and emoluments attached thereto. The representation remained undecided and the petitioner had to appear before the Public Service Commission in September 1969. The representation was ultimately rejected in November 1969. The petition further mentioned that in the Department the opposite parties Nos. 3 to 19 were also working on the same posts of the District Statistics Officer., that they were appointed when the scale of pay was Rs. 250-850. that the scale of pay was downgraded and then again upgraded and in the year 1966 when the petitioner was appointed in the scale of Rs. 250-600 the opposite parties Nos. 3 to 19 were also working and getting the same scale i. e. Rs. 250-600. The grievance made was that the petitioner appeared in an interview before the Public Service Commission but was disapproved by the Commission by an order dated 27-5-1970, his services