Agarwala, J. - (1.) The appellants were recruited in the Military Accounts Department (now known as the Defence Accounts Department) on 13-1-1943 and 3-5-1943, respectively as temporary routine grade clerks. At that time there were two grades of clerks namely (1) temporary routine grade clerks and (2) clerks. There was a rule that only those who were graduates could be appointed clerks. There were certain exceptions in the case of Muslims with which we are not concerned.
(2.) In 1944 there was a reconstitution of the grades. Instead of two grades three grades were made and were called grades A. B. and C. The former routine grade clerks were put down in grade C and the former "clerks" were put down in grades A and B according to their qualifications. The appellants were put down in grade C on this reconstitution.
(3.) In the same year the appellants passed a departmental examination and were promoted to grade B as temporary clerks. On 14-7-1945, the first appellant and on 6-12-1951, the second appellant entered into a formal agreement of service with Government. These agreements were in a prescribed form I. A. F. Z-2055, a copy of which is on the record although the actual agreements have not been produced.;