( 1 ) THE petitioners, who are all Assistant Engineers in the Public Works Department of the Government of Madhya Pradesh, have filed this petition, under Article 226 of the Constitution for an appropriate writ, order or direction, including a writ of certiorari for quashing the Madhya Pradesh Government, General Administration (Integration) Department, Notification No. 782-557-I-Integ. , dated 6-4-1962 (Annexure 1), publishing the final gradation list of, the establishment of Buildings and Roads and Irrigation (excepting that relating to Category I to Category V of Civil Section already published under General Administration (Integration)Department's Notification No. 336-557-I-Integ. , dated the 7th January, 1962 in the extraordinary issue dated the 8th February 1962 of the Gazette) in the Public works Department, and a writ of mandamus prohibiting the State Government from giving effect to the said final gradation list, inter alia, on the following grounds:

(1) That it was not made in accordance with the provisions of Section 115 (5) of the States Reorganization Act, but is in contravention of those provisions. (2) That it was not even in accordance with the principles laid down by the Government of India for its preparation. (3) That, in so far as the State Government in drawing up the final gradation list followed a criteria different from the one followed in preparing the provisional gradation list, on which representations had been invited, it in effect denied to the persons affected thereby the right to make a representation as envisaged in Section 115 (5 (b) of the States reorganization Act. ( 2 ) THE petition was contested by the State Government, inter alia, on the ground that as the Central Government was the authority to pass final orders in matters arising under Section 115 (5) of the States Reorganization Act, the final gradation list could not be questioned unless the final authority sanctioning the same had been heard. It was, therefore, contended that the Central Government was a necessary party to the petition. It was further contended that the final gradation list had been prepared and published in accordance with the instructions of the government of India contained in its Ministry of Home Affairs letter No. 9/10/59sr (S), dated 11-11-1959 and after due consideration and decision by the government of India of the representations made by the petitioners against the provisional combined gradation list. It was, therefore, claimed that the final gradation list was made and published strictly in accordance with the provisions of section 115 (5) of the States Reorganization Act.

( 3 ) TO obviate any objection on the ground of non-joinder of the Union of India as a party respondent to these proceedings, the petitioners applied to join them as respondent No. 2. They were allowed to do so; and the Union of India on being noticed, has contested the petition practically on the same grounds as those urged by the State Government.

( 4 ) IN order to correctly appreciate the problem involved, we shall first briefly examine the provisions of the States Reorganization Act (hereinafter referred to as 'the Act') to determine whether what was done by the respondent was in conformity with the Act.

( 5 ) ARTICLE 309 of the Constitution deals with; the recruitment and conditions of service of persons serving the Union or a State. But special problems arise when new States are formed or when parts of an existing State are transferred to another State, because then a decision has to be taken as to the division of service between the two States as also in regard to their integration witk the services of the new State. Article 3 of the Constitution provides that Parliament may by law form new States and/or alter areas, boundaries and names of the existing States, and it is, therefore, in the fitness of things that that body may also impartially and equitably divide and integrate the services, so that there may not be any feel