1. In these applications, we are asked to pronounce against the constitutionality of a legislation made by the legislature of the new State of Mysore entitled the Mysore Village Offices Abolition Act, 1961 (Mysore Act No. 14 of 1961), and, in the decision of this question, we had the advantage of an interesting and learned argument on bow sides.

2. The applicants are village officers of the new State of Mysore. Some of them are Shanbhogs and the others are patels. We have before us Shanbhogs and patels appointed under the Mysore Village Offices Act, 1908, (Mysore. Act No. IV of 1908) and village officers known as Karnams appointed under the Madras Hereditary Village Offices Act, 1895 (Madras Act No. 111 of 1895). There is one more before us who is called a stipendiary shanbhog appointed under S.14 of the Mysore Land Revenue Code.

3. In the thirty six matters which were heard together, there are in all 943 applicants 924 out of them are shanbhogs among whom one is the stipendiary; 2 are patels and 20 are karnams.

4. On July 8, 1961, the Mysore Village Offices Abolition Act, 1961 (Mysore Act No. 14 of 1961) enacted by no legislature of the New State of Mysore and which will be referred to as the impugned Act, received the assent of the President. S.1(3) of the Act declared that n shall come into force on such day as the State Government may, by notification, appoint. The preamble to the Act declared that the purpose of the Act was to abolish village offices held hereditarily before the commencement of the Constitution and the emoluments appertaining thereto.

5. S.2(1)(n) defines a village office and S.2(1)(e) defines emoluments. S.4 abolishes village offices with their emoluments and resumes service grants; but S.5 and S.6 provide for the regrant or those lands for an occupancy price. S.7 regulates the eviction of unauthorised holders or a regrant to them. The existing tenancy laws are made applicable by S.8 to the lands regranted under S.5, S.6 and S.7. Section y entitles the holders of the abolished village offices to what is described as relief in the form of monetary payment. S.11 authorises the State Government to mane rules and S.12 repeals six existing laws set out in schedule 1 to the Act.

6. Under S.1(3) there was a notification by the State Government bringing the Act into force from February 1, 1963. This notification was preceded by certain rules called the Mysore General Services (Revenue Subordinate Branch) Village Accountants (Cadre and Recruitment) Rules, 1961, made by the Governor of Mysore on November 29, 1961, under the proviso to Art.309 of the Construction and under various other statutory provisions. The Governor directed that those rules shall come into force on December 1, 1961.

7. R.2 referred to a district - wise cadre called the cadre of Village accountants and specified the pay scale of the post. R.3 among other matters made it the duty of a village accountant to function as the ex - officio secretary of a village panchayat if so directed. R.4 declared that a village accountant belonged to the Class III service of the State. R.5 provides for his appointment by direct recruitment and the Deputy Commissioner was name as the appointing authority by R.6. R.7 set out the minimum qualifications and R.8 the disqualifications. R.9 required the production of a certificate of physical fitness and R.10 authorised appointment of eligible existing village officers. The composition of a recruitment committee and the manner of appointment was regulates by R.11 and R.12 prescribed a course of training after appointment.
R.13 provided for a period of probation and R.14 prescribed the departmental examination. R.15 required production of security and R.15 authorised transitional appointments known as local appointments. The Mysore State Civil Services (General Recruitment) R.1957 were wade applicable by R.17 and R.18 which made certain other rules similarly applicable provided for reservations for persons belonging to S