Summarize the following court judgment. Appeal No. 458 of 1969. Appeal from the judgment and order dated July 1	 1968 of the Gujarat	 High Court in Special Civil Application No. 1499 of 1966. 517 M. C. Chagla	 section K. Dholakia	 Vineet Kumar and J. R. Nana vati	 for the appellants. section T. Desai	 B. D. Sharma and section P. Nayar	 foe respondent No. 1. section section Shukla	 for respondents Nos. 2 to 148. The Judgment of the Court was delivered by Shah	 J. Certain officers in the ministerial branch of the Secretariat Service of the State of Gujarat moved a petition in the High Court of Gujarat for an order directing the State Government to treat its order dated August 19	 1966 as "illegal	 void and of no effect" and to forbear from enforcing its order treating the persons whose names were specified in the annexure to the order as servants of the "Secretariat cadre". The High Court of Gujarat granted the petition and declared the order dated August 19	 1966	 invalid. With certificate granted by the High Court this appeal has been filed. Prior to November 1	 1956	 the appellants were holding permanent posts in the ministerial service of the Secretariats of the Part B State of Saurashtra and the State of Kutch. By virtue of section 8 of the States Reorganization Act 37 of 1956 the new State of Bombay	 which included the territories of the States of Saurashtra and Kutch	 was formed. Section 115 of the made provisions relating to services other than All India Services. By sub section (1) of section 115 it was enacted	 inter alia	 that every person who immediately before the appointed day was serving in connection	 with the affairs of any of the existing States specified therein shall	 as from that day	 be deemed to have been allotted to serve in connection with the affairs of the successor State to that existing State. By the proviso to sub section (7) it was provided that conditions of service applicable immediately before the appointed day to the case of any person allotted to another State shall not be varied to his disadvantage except with the previous approval of the Central Government. Section 116 provided for the continuance of officers in the same posts. By section 117 power was conferred upon the Central Government to give directions to Any State Government that may appear to be necessary for the purpose of giving effect to the provisions of sections 114	115 and 116 of the Act. Under the 	 the appellants were allotted to serve in connection with the affairs of the new State of Bombay. In exercise of the powers under article 309 of the Constitution	 the Government of Bombay sanctioned certain rules called "The Allocated Government Servants ' (Absorption	 Seniority	 Pay & Allowances) Rules	 1957". Those rules governed the servants who were allotted to the State of Bombay on reorganisa 518 tion. A large majority of the members of the ministerial branch of the Secretariat of the States of Saurashtra and Kutch were	 it appears	 unwilling to be posted in the Secretariat of the new State of Bombay. They were accordingly posted in the districts of the former States of Saurashtra and Kutch. Under Act 11 of 1960 called "The Bombay Reorganisation Act" the States of Gujarat and Maharashtra were carved out of the territory of the new State of Bombay. Under section 81 provisions relating to services other than All India Services were made and by section 82 provisions as to the continuance of officers in the same posts was made. By section 83 power was given to the Central Government to give directions to the States. Those provisions were substan tially the same as the provisions of sections 115	 116 and 117 of the . The appellants were allotted to serve in connection with the affairs of the State of Gujarat under section 81 of the Bombay Reorganisation Act. The newly constituted State of Gujarat finding a dearth of experienced officers in the Secretariat transferred the appellants at 	diverse times between the years 1961	 1962 and 1963 to the Secretariat of the State of Gujarat and 'assigned them duties in connection with the Secretariat Service. Orders were issued from time to time fixing their scales of pay and seniority. Apparently the Public Service Commission raised some objections about an attempted integration between the officers who were originally serving in the Secretariat Service	 and those who were posted from the districts. Ultimately on August 19	 1966	 the State Government issued the order to the following effect : "The question of regularising the appointment to various posts in the Secretariat Department on and after 1st May 1960 of the drafted persons was under the consideration of Government for some time. Government is now pleased to direct	 in consultation with the Gujarat Public Service Commission	 that the persons shown in the accompanying statement should be treated to have been regularly appointed in the posts shown against their names in column 4 of the statement with effect from the date shown in column 5 in the Departments mentioned in column 3 of the statement. As regards fixation of their pay and seniority orders have already been issued in Government Resolution General Administration Department No. SCT 1161 F	 dated 25th April	 1961 and Government Reso lution General Administration Department No. SCT1162 KH	 dated 14th March 1964. The Departments are requested to fix their pay and seniority accordingly. " 519 Appended to the order was a list of 90 persons designating the departments in which they were posted	 posts to which appointed and the dates from which they were appointed. The officers of the Secretariat who before the date of the order constituted the ministerial service then filed the petition out of which this appeal arises challenging the validity of the order of the Government. The petition was 	founded on three grounds : (1) that the order violated r. 138 of the Recruitment Rules framed by the Government of Bombay in 1957; (2) that the order violated the proviso to cl. (6) of section 81 in that it altered the conditions of service of the applicants; and (3) that it violated the provisions of the Allocated Government Servants ' (Absorption	 Seniority	 Pay & Allowances) Rules	 1957. Counsel for the applicants conceded before the High Court that the transfer of the former Saurashtra and Kutch States Secretariat personnel to the Gujarat Secretariat per se was not open to objection. The High Court did not consider whether the Saurashtra and Kutch States secretariat personnel had "any rights flowing on account of absorption and integration of service under the or the Allocated Government Servants ' Rules		 1957. " But the High Court held that since the impugned order purported to amalgamate the former Saurashtra and Kutch States personnel with the Gujarat Secretariat Service contrary to the terms of r. 138 of the Recruitment Rules	 and the Government had no authority to vary the method of recruitment provided by the statutory r. 138 of the Recruitment Rules which was mandatory	 the orders of transfer to the Secretariat which was not made in the process of integration could not operate as absorption under the Allocated Government Servants ' (Absorption	 Seniority	 Pay & Allowances) Rules	 1957. The High Court also observed that when the ministerial service employees of the former Saurashtra and Kutch States Secretariats were absorbed in the districts	 integration of the services was complete and any transfer thereafter to the Secretariat could not and did not amount to absorption in equivalent posts. It is necessary first to examine the scheme of sections 115 & 116 of the . Section 115 was intended to provide for the conditions of service of employees who immediately before November 1	 1956 were serving in connection with the affairs of a State and were allotted to serve in connection with the affairs of another State. Power to fix the conditions of service was reserved exclusively to the Central Government. For that purpose the Central Government was authorised to establish one or more Advisory Committees to 'advise the Government on the division and integration of the services in the new States and for ensuring fair and equitable treatment to all persons affected by the 520 provisions of section 115 and for proper consideration of any representation made by those persons. By the proviso to sub section (7) section 115 a guarantee was given to every allotted public servant that his conditions of service shall not be varied to his disadvantage except with the previous approval of the Central Government. Section 116 provided for the continuance of officers in equivalent posts. This Court in N. Raghavendra Rao vs Deputy Commissioner	 South Kanara	 Mangalore(1) held that the effect of sub section (7) of section 115 is to preserve the power of the State to make rules under article 309 of the Constitution	 but the proviso imposes a limitation on the exercise of that power; the limitation is that the State cannot vary the conditions of service applicable immediately before November 1	 1956	 to the disadvantage of persons mentioned in sub sections (1) & (2) of section 115. In the view of the Court the broad purpose underlying the proviso to section 115 (7) of the Act was to ensure that the conditions of service shall not be changed except with the prior approval of the Central Government	 that is	 before embarking on varying the conditions of service	 the State Governments should obtain the concurrence of the Central Government. In Union of India & Anr. vs P. K. Roy & Ors. (2) this Court held that it is the duty of the Central Government to integrate the services	 but the State may be asked to prepare a provisional gradation list provided. the Central Government maintains its control over it. It is clear that the conditions of service applicable immediately before the appointed day in the case of any person who is allotted to another State cannot be varied to his disadvantage except with the previous approval of the Central Government. This protection could not be removed by the rules made by the State subsequent to November 1	 1956	 unless the previous approval of the Central Government was obtained thereto. It is true that the ministerial service personnel in the States of Saurashtra and Kutch	 after they were allotted to the State of Bombay were posted and assigned duties in various districts in Saurashtra and Kutch. But in the absence of evidence to show that the previous approval of the Central Government was obtained	 their right to be absorbed in equivalent posts in the new State of Bombay and later in the State of Gujarat was not thereby affected. It appears that there has riot been any equivalence established between the posts in the Secretariats. of the States of Saurashtra and Kutch and the posts in the new State of Bombay and: later in the State of Gujarat to which the members of the ministerial service of the Secretariats of former Saurashtra and Kutch States were allotted. The mere fact that they were posted (1) ; (2) ; 521 and continued to render service in the Districts will not	 in our judgment	 affect the right of the personnel to be absorbed in the equivalent posts in the Secretariat and on terms not disadvanta geous to those they were already entitled except with the previous	 approval of the Central Government. It was conceded	 and rightly	 that the State has the authority to transfer	 subject to the Constitution and the rules made under article 309 any public servant to render service which by his training and aptitude he was competent to do. Transfer of the personnel from the States of Saurashtra and Kutch to the Secretariat in the State of Gujarat and assignment of duties performable by the ministerial staff in the Secretariat cannot be challenged	 and that because they were posted between 1956 and 1960 in the Districts they will not be deprived of their statutory right under section 115(7) proviso. Posting in the districts was and must remain purely provisional	 until final integration is made by the Central Government. It is common ground that no such final integration had been made by the Central Government. Two grounds appealed to the High Court in deciding the case against the appellants : (1) that the appellants were transferred to the Secretariat of the State of Gujarat	 but they were not absorbed in the ministerial service of the Secretariat of the State of Gujarat. In the view of the High Court there was merely "regularisation" of the appointment of those persons for the purpose of performing service in the Secretariat; and (2) that the order dated August 19	. 1966 was contrary to the Recruitment Rules	 1957. If it be granted that the State was competent 'to transfer and did transfer the appellants to perform service in connection with the affairs of the State in the Secretariat	 it is difficult to hold that when the State "regularised" the service of the appellants in the Secretariat with the consent of the Public Service Commission there was no absorption under the Absorption Rules. It is true that the expression "absorption" has not been used in the order	 but that will not justify an inference that there was no intention to absorb the former Saurashtra and Kutch States personnel in the Secretariat. In the absence of determination of equivalent posts under the orders of the Central Government	 the State of Gujarat was competent	 as a matter of provisional arrangement to absorb the former Saurashtra and Kutch States personnel in the ministerial establishment of the Gujarat State Secretariat. In terms the order says that the persons named therein "should be treated to have been regularly appointed in the posts shown against their names in column 4 of the statement" appended to the order. That	 in our judgment	 amounted to absorption. 522 Original r. 138 of the Bombay Civil Services Classification and Recruitment Rules	 1939	 was deleted and the following rule was substituted on May 22	 1957. The relevant part of the rule reads "138. The ministerial staff in the Secretariat and attached offices is divided into two Divisions. (a) Upper; and (b) Lower. (i) Superintendents : Appointments shall be made by promotion from among Senior Assistants. (ii) Senior Assistants : Appointments shall be made by promotion from among Junior Assistants. (iii) Junior Assistants : Appointments shall be made either : (a) by nomination on the results of a competitive examination held by the Bombay Public Service Commission	 or (b) by promotion from among members of the Lower Division. Provided that 	not more than one out of every four vacancies in the posts of Junior Assistants shall ordinarily be filled by promotion. (2) To be eligible for appointment by nomination a candidate must (i) hold a degree in Arts	 law	 science	 Agriculture or commerce of a recognised University or possess an equivalent qualification; (ii) have attained the age of 18 years; and (iii) not have attained the age of 30 years in the case of members of the Lower Division appointed on the recommendation of the commission and who have graduated while in service and in any other case 24 years on the first day of the month immediately following month in which the posts are advertised by the Commission. B. Lower Division (b) Clerks	 clerk typists	 typists : Appointments shall be made by nomination on the results of a competitive examination held by the Commission. 523 Provided that suitable members of Class IV services who while in that service	 have passed the Secondary School Certificate Examination or an examination recognised by Government as equivalent to that examination	 shall be eligible for appointment to the posts of clerks by promotion. (2) To be eligible for appointment by nomination	 a candidate must . (i) have passed the secondary school certificate exa mination or an examination recognised by Government as equivalent to that examination; (ii) have attained the age of 18 years; and (iii) not have attained the age of 23 years on the first day of the month immediately following the month in which the posts are advertised by the Commission. A candidate for the post of clerk typist or typist must	 also be able to type neatly and accurately at a minimum speed of 40 words per minute. The High Court held that recruitment to the ministerial staff in the Secretariat could only be by nomination or by promotion from among members of the Lower Division	 nomination being on the result of a competitive examination held by the Public Service Commission and promotion being from the subordinate staff. In view of this rule	 according to the High Court	 it was not open to the State Government to adopt any other method of recruitment of the members of the ministerial staff. Counsel for the appellants contended that r. 138 only dealt with the existing servants and did not prevent any additional members from being amalgamated in the ministerial staff in the Secretariat. He also contended that the recruitment did not amount to admission of an officer for the first time in the service. It is unnecessary for the purpose of this appeal to consider these arguments. Assum ing that r. 138 requires the State to follow a certain method for recruitment to the ministerial service	 that rule made under article 309 of the Constitution cannot take away the statutory right vested in the personnel of the former Saurashtra and Kutch States which they acquired under the 	 to hold posts in the 'new State which were equivalent and on terms which were not	 unless the previous approval of the Central Government was 524 obtained	 disadvantageous. Since the arrangement which is made by the Government of the State of Gujarat must be regarded as provisional and to enure so long as the Central Government does not make a final decision	 it is not open to the officers of the Secretariat to challenge the authority of the Government of Gujarat either to transfer officers from the Districts and to post and assign them duties in the Secretariat or to fix their pay and seniority among the officers in the Secretariat performing ministerial duties. The appeal must therefore be allowed and the order passed by the High Court must be set aside. The petition filed by the respondents Nos. 2 to 148 will stand dismissed. There will be no order as to costs throughout. G.C. Appeal allowed.

Prior to November 1	 1956 the appellants were holding permanent posts in the ministerial service of the Secretariats of the Part B State of Saurashtra and the Part C State of Kutch. By virtue of section 8 of the States Reorganisation Act 37 of 1956 the new State of Bombay which included the territories of the States of Saurashtra and Kutch was formed. Under section 115(1) of the Act the appellants were allotted to serve in connection with the affairs of the new State of Bombay. BY the proviso to	 section 115(7) it was provided that 'conditions of service applicable immediately before the appointed day to the case of any person allotted to another State shall not be varied to his disadvantage except with the previous approval of the Central Government '. Section 116 provided for the continuance of officers in equivalent posts. By section 117 power was conferred upon the Central Government to give directions to State Governments for the purposes of sections 114	 115 and 116. The Act authorised the Central Government to establish one or more Advisory Committees to advise the Government on the division and integration of the services in the new States and for ensuring fair and equitable treatment to all persons affected by the provisions of section 115 and for proper consideration of any representation made by those persons. A large majority of the members of the ministerial branch of the Secretariats of the State of Saurashtra and Kutch were unwilling to be posted in the Secretariat of the new State of Bombay. A large majority out of them including the appellants were accordingly posted in the districts of the former States of Saurashtra and Kutch. Under the Bombay Reorganisation Act 11 of 1960 the States of Gujarat and Maharashtra were carved out of the territory of the new State of Bombay. Sections 81	 82 and 83 of the 1960 Act were substantially the same as Ss. 115	 116 and 117 of the 1956 Act. The services of the appellants were under section 81 of the Act allotted to the newly constituted State of Gujarat. The State of Gujarat transferred the appellants from the districts to the Secretariat. After consulting the Public Service Commission it issued on August 19	 1966 an order "regularising" the services of the appellants and fixing their pay and seniority. The officers of the Secretariat who before the	 passing of the said order constituted the ministerial service filed a petition in the High Court challenging its validity. The High Court allowed the petition mainly on two grounds	 namely : (i) that the appellants were not absorbed in the ministerial services of the Secretariat within the meaning 516 of the Bombay Allocated Servants ' (Absorption	 Seniority	 Pay and Allowances) Rules	 1957; (ii) that r. 138 of the Bombay Civil Services Classification and Recruitment Rules	 1939 as amended in 1957 allowed recruitment to the Ministerial Staff of the Secretariat by nomination after an examination or by promotion from the Lower Division and it was not open to the Government to adopt any other method. The High Court 's 		decision was challenged in appeal before this Court. The Court noted that no equivalence had been established between the 	posts in the Secretariats of the States of Saurashtra and Kutch and the posts in the new State of Bombay or later in Gujarat and that there had been no integration of the services by the Central Government. It was conceded before the Court that the State had the authority to transfer	 subject to the Constitution and the rules made under article 309	 any public servant to render service which by his training and aptitude he was competent to do. HELD : (i) The fact that the expression 'absorption ' had not been used in the impugned order would not justify the inference that there was no intention to absorb the former Saurashtra and Kutch State personnel in the Secretariat. [521 F] In the absence of determination of equivalent posts under the orders of the Central Government	 the State of Gujarat was competent	 as a matter of provisional arrangement to absorb the former Saurashtra and Kutch States personnel in the ministerial establishment of the Gujarat State Secre tariat. In terms the order said that the persons named therein "should be treated to have been regularly appointed in the posts shown against their names in column 4 of the statement" appended to the order. That clearly amounted to absorption. [521 G H] (ii) The High Court was wrong in holding that the impugned order was bad because it contravened r. 138 of the Recruitment Rules. Assuming that r. 138 requires the State to follow a certain method for recruitment to the ministerial service	 that rule made under article 309 of the Constitution cannot take away the statutory right vested in the personnel of the former Saurashtra and Kutch States which they acquired under section 115(7) of the to hold posts in the new State which we re equivalent and on terms which were not	 unless previous approval of the Central Government was obtained	 disadvantageous. Since the arrangement which was made by the Gujarat Government must be regarded as provisional and to ensure so long as the Central Government did not make a final decision	 it was not open to the officers of "the Secretariat to challenge the authority of the Government of Gujarat either to transfer officers from the Districts and to post and assign them duties in the Secretariat or to fix their pay and seniority among the officer of the Secretariat performing ministerial duties. ' [523 G 524 B] N. Raghavendra Rao vs Deputy Commissioner	 South Kanara	 Mangalore	 ; and Union of India & Anr. vs P. K. Roy & Ors. ; 	 applied.