judgment

S.B. Sinha, J. —

1.These appeals involving identical questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

2.Respondents herein have been working in the Secretariat of the Government of Tamil Nadu.Each and every department in the Government Secretariat prior to 1961 had a separate unit for appointment, promotion etc.The State, however, amended the Special Rules in the year 1961 whereby all the departments in the Secretariat were made the “one unit” for the purpose of appointment and promotion.Appointments in the Secretariat at all entry level posts, i.e., Junior Assistants (subsequently re-designated as Assistants), Assistants (subsequently re-designated as Assistant Section Officers), Typist/Personal Clerks were to be made from the common list of candidates selected by the Tamil Nadu Public Service Commission.Promotion to different higher posts in different departments was also being made from amongst those employees.The Government of Tamil Nadu, however, by issuing G.O.Ms. No.1290 dated 05.06.1970 excluded the Finance and Law Departments from the “one unit” system.Whereas posts in the cadre of Assistants, Assistant S