( 1 ) THIS appeal arises out of a writ petition for mandamus under Art. 226 of the Constitution.

( 2 ) THE appellant was a District and Sessions Judge in the former Bikaner State. He was appointed on 29-1-1948, in the grade of Rs. 500-40-700 and worked as such till 7-4-1949.

( 3 ) ON that date a new State of Rajasthan was formed by the integration of a number so States (including the former State of Bikaner) by means of a Covenant signed by the High Contracting Parties.

( 4 ) ARTICLE XVI (1) of the Covenant ran thus:"the United State hereby guarantees either the continuance in service of the permanent members of the public service of the former Rajasthan State and of each of the new Covenanting States on conditions which will not be less advantageous than those on which they were serving on 1-11-1948 or the payment of reasonable compensation or retirement on proportionate pension. "

( 5 ) THE integration necessarily involved a reorganisation of the various services in the several integrating States. On the judicial side it was found that there were as any as twenty eight Courts of District and Sessions Judges in the aggregate. In the integrated State it was proposed to have