Ramaswami, J.-

l. This appeal is brought, by special leave, from the judgment of the Madhya Pradesh High Court dated April 29, 1964 in Misc. Pet. No. 371 of 1962. By its judgment the High Court held that the preparation of provisional gradation lists b) the State of Madhya Pradesh under the relevant provisions of the States Reorganisation Act, 1956 (Act 37 of 1956), hereinafter referred to as the "said Act", was unwarranted in law and the final list published on April 6, 1962 prepared by the State Government under instructions from the Central Government with regard to the integration of officers of the Engineering Department was illegal and ultra vires and must be quashed by the grant of a writ.

2. The said Act was enacted to provide for the reorganisation of the States of India and for matters connected therewith and came into force with effect from November 1, 1956. By section 9 (1) of the said Act there was formed a "new State" to be known as the State of Madhya Pradesh comprising the following territories:-

"(a) the territories of the existing State of Madhya Pradesh, except the districts mentioned in Cl. (c) of sub-section (1) of section 8;

(b) the territories of the exi