S. Murtaza Fazal Ali, J. - (1.) These appeals by Special Leave at the instance of the State of Karnataka are directed against the judgments of the High Court of Karnataka allowing the writ petitions filed by the respondents.
(2.) The facts are given in the judgments of High Court and it is not necessary to repeat them.
(3.) The central controversy which was mooted in this case was as to whether or not the respondents who were 1st Division Clerks could be promoted as Head Accountants without passing the S.A.S. Examination as required by Rules framed by the Mysore Government and called "The General Service (Treasury Bench) (Recruitment) Rules," 1961 which were amended with effect from the 1st June, 1961 by the Mysore General Service (Treasury Bench) (Recruitment) (Special) Rules, 1961. There is no doubt that having regard to the length of service, the respondents were the senior-most clerks and had therefore been promoted to the cadre of the Head Accountants. It was contended by the respondents before the High Court that the Rules regarding the passing of the S.A.S. examination were invalid because they were framed by the State Government without obtaining the concurrence of the Central Government as required by the provisions of the States Reorganisation Act.;