Summarize the following court judgment. Appeal Nos. 1298 and 1299 of 1969. Appeal from the Judgment and Decree dated the 9th Au gust	 1966 of the Punjab and Haryana High Court in Regular First Appeals Nos. 134 and 120 of 1963. N.H. Hingorani for the Appellant. O.P. Sharma for Respondent. The Judgment of the Court was delivered GOSWAMI	 J. These appeals are by certificate of the High Court of Punjab and Haryana. Civil Appeal No. 1299 of 1969 is concerned with the appellant 's suit for declaration of his dismissal order dated October 21	 1959	 as void and illegal. Civil Appeal No. 1298 of 1969 arises out of his suit for arrears of salary. Both the matters were heard together in the. High Court and the judgment out of which Civil Appeal No. 1299 of 1969 arises is the principal judg ment following which a short order was passed by the High Court dismissing the other suit of the appellant for arrears of salary. The High Court granted certificates in both the appeals. It will be sufficient to deal with Civil Appeal No. 1299 of 1969 in this judgment as the decision therein will govern the other appeal. The facts may now be briefly stated: The appellant who was the plaintiff in the court below was appointed as a Clerk in the Patiala State some time in July 1948. On the formation of the new State of Punjab on November 1	 1956	 with the 958 merger of the erstwhile Pepsu and Punjab States the appel lant was integrated in the service of the new State of Punjab as permanent Assistant in the grade of Rs. 150 10 300/ and was actually getting Rs./70/ per month on October 21	 1959	 the date of his dismissal in the office of the Financial Commissioner	 Punjab. The appellant instituted a suit in March 1962 challeng ing his order of dismissal dated October 21	 1959	 as void and unconstitutional praying for a declaration that he continued to be in service of the Punjab State. In June 1962 he instituted a second suit as pauper claiming a decree for about Rs. 8	689/ as arrears of his ' salary and allowances and also a further decree for Rs. 278/12/ per mensem from 5.6.1962 to 4.7.1962 and Rs. 290/ per mensem from 5.7.1962 upto the date of the decree. Both the suits were decreed by the trial court. According to the plaint	 the appellant	 due to serious illness of his mother	 proceeded from Simla where he was working to Patiala on casual leave on 8th July	 1958	 with the. sanction of the competent authority. He obtained extension of leave on account of illness of his mother	 wife and daughter. Meanwhile the appellant himself became seriously iII and prayed for leave from 1.11.1958 to 28.2.1959 0n the basis of a medical certificate granted by Dr. Inder Singh Sodhi		 Retired Civil Surgeon	 Pepsu	 Patia la. The authorities declined to sanction the leave. The appellant also. continued to be seriously ill and was unable to attend his duties. When he. recovered he reported for duty at Simla on March 2	 1959 and he was permitted to resume his duty on furnishing. a certificate of fitness granted by the aforesaid Retired Civil Surgeon. On January 27	 1959	 the appellant was served with a chargesheet by the Financial Commissioner (Development) Punjab asking him to show cause why he should not be dismissed from Government service for his wilful absence from duty after the expiry of the earned leave sanctioned to him upto October 31	 1958	 which was described as "misbeha viour". The chargesheet	 inter alia	 stated: "(1) . You deliberately deed the orders and again applied for extension of leave upto the 31st December	 1958 reigning yourself to be iII	 and also threatened that in case leave was not allowed	 you might be granted interview with the Revenue Minister . " X X X X (2) That on the one hand you have been applying for grant of extension of leave on account of your own illness and on the other	 you have requested that you may be allowed to appear in B.A. Examination to be held in April	 1959. This	 therefore	 clearly shows that you are not actually ill but are malin gering	 and have knowingly defied Government orders. 959 (3) That your wilful absence from duty after the expiry of earned leave sanctioned to you upto the 31st October	 1958	 is a misbehaviour". The appellant submitted his explanation on March 11	 1959. There was an enquiry by the Deputy Secretary (Development) in May 1959. He was served with a second show cause notice on August 14	 1959	 enclosing the report of the Enquiry Officer. The appellant submitted his representation to. the said notice on October 6	 1959. On October 21	 1959	 the Financial Commissioner (Revenue) passed the order of dis missal. As already stated	 two suits were filed by the appellant in 1962. The Subordinate Judge	 First Class	 Patiala	 decreed both the suits on January 15	 1963. The State Government appealed to the High Court and the same was allowed on August 9	 1966 and both the suits were dismissed. That is how these appeals came before us on certificates. We are concerned in these appeals with only one point which	 if it is held in favour of the appellant	 will con clude the matter and it will not be necessary to deal with the other questions with reference to the illegalities in the course of the departmental enquiry alleged by the appel lant. It is submitted on behalf of the appellant that the order of dismissal is invalid on account of violation of Article 311(1) of the Constitution. The following facts are relied upon by the appellant in order to sustain his submission. It is admitted by the respondent that the appellant initially joined service in the State of Patiala in 1948 as a Clerk and he was confirmed as an Assistant in the Pepsu Civil Secretariat by an order dated October 31	 1956	 of His Highness the Rajpramukh	 which is the previous day of the 'appointed day ' under the State Reorganisation Act	 1956. Thus he was integrated in the new State of Punjab as a confirmed Assistant. Before his integration in Punjab he was governed by the Patiala and East Punjab States Union Civil Services (Punishment and Appeal) Rules	 1953 (briefly the Pepsu Rules) which were made in exercise of the powers conferred by the proviso to Article 309 of the Constitution. By a Notification of the Punjab Government No. 976GII 87/2499	 dated February 9	 1957	 these Pepsu Rules continue to apply as from 1st November	 1956	 to the corresponding services	 posts and personnel of the new State of Punjab till further orders. Rule 6 of the Pepsu Rules provides as follows : "6. Authority to impose punishment. Subject to the provisions of clause (1) of Article 311 of the Constitution of India	 the authorities competent to impose any of the penalties specified in rule 4 upon the persons to whom these rules apply	 shall be such as may be prescribed. by Government in the rules regulating the appointment and conditions of service of such persons". Dismissal is one of the penalties provided under rule 4 (see rule 4 (vii). As provided under Rule 6 above men tioned	 the Rajpramukh 960 under Article 309 of the Constitution by a notification in the Pepsu Gazette of Juno 27	 1954	 made appropriate rules on 14th June	 1954	 determining the authorities competent to impose penalties on members of certain services and holders of certain posts in connection with the affairs of the State. Item No. 14 in the Schedule to these rules mentions "Members of Class III and IV Services in Sectt." and. the punishing authority for dismissal of such employees is the State Government. It is	 therefore	 clear that under the Pepsu Rules which governed his conditions of service the State Government alone was competent to impose the punishment of dismissal. Under the Pepsu General Clauses Act	 1953	 "State Government shall mean	 in relation to anything done or to be done after the commencement of the Constitution	 the Rajpramukh". (See section 2(46). As noted earlier	 factually	 the appellant was con firmed and necessarily appointed by the Rajpramukh. Under the Pepsu Rules the Rajpramukh alone was the appointing authority. The appellant therefore	 cannot be removed from service by any authority subordinate to the Governor in Punjab. The coordinate authority in Punjab is the State Government. The Governor of Punjab alone	 therefore	 was competent to pass the order of dismissal of the appellant. The Financial Commissioner (Revenue) is an authority subor dinate to the Governor. He was	 there	 not competent to pass the order of dismissal. The order of dismissal is violative of Article 311 (1) of the Constitution and is	 therefore	 invalid and is liable to be struck down. Mr. Sharma	 on behalf of the respondent	 submits that there is no violation of Article 311 (1) of the Constitu tion. The appointing authority for a post held by the appellant in the State of Punjab is the Financial Commis sioner (Revenue). He submits that the appointing authority of the appellant before his integration into the State of Punjab does not come into the picture. He adds that this submission of his is in consonance with the provisions of section 116 of the (brief ly the Act). We may	 therefore	 read section 116 of the Act: "116(1) Every person who immediately before the appointed day is holding or discharging the duties of any post or office in connection with the affairs of the Union or of an existing State in any area which on that day falls within another existing State or a new Part A State or a Part C State shall	 except where by virtue or in consequence of the provisions of this Act such post or office ceases to exist on that day	 continue to hold the same post or office in the other existing State or new Part A State or Part C State in which such area is included on that day	 and shall be deemed as from that day to have been duly appointed to such post or office by the Government of	 or other appropriate authority in	 such State	 or by the Central Government or other appropriate authority in such Part C State	 as the case may be 961 (2) Nothing in this section shall be deemed to prevent a competent authority	 after the appointed day	 from passing in relation to any such person any order affecting his continuance in such post or office". Mr. Sharma submits	 relying upon the provisions of section 116(1)	 that since the appointing authority for an Assistant in the State of Punjab is the Financial Commissioner (Revenue) it follows that he is the appropriate authority under section 116(1) to impose the penalty of dismissal. This submission follows from what the High Court accepted in the impugned judgment in the following words: "Our attention has not been drawn on behalf of the learned counsel for the respond ent to any rule according to which the Gover nor of Punjab	 as is contended	 is the proper authority for the appointment of Assistants. Indeed	 it is not disputed that if the plain tiff had been appointed as Assistant in the State of Punjab	 then the Financial Commis sioner (Revenue) would have been the appropri ate authority competent to enquire into the petitioner 's conduct and impose the penalty of dismissal; in other words	 in that case	 the appointing authority could not have been higher in rank than the Financial Commissioner (Revenue). It is certainly not the plain tiffs respondent 's case that appropriate authority for appointing Assistants in the State of Punjab is the Governor". We are unable to appreciate the above line of reasoning of the High Court. Section 116(1) is very clear. To concretise the appellant 's case in terms of section 116(1)	 it is sufficient to state that the appellant who	 immediate ly before the appointed day	 was holding the post of an Assistant in the former State of Pepsu	 shall continue to hold the same post in the new State of Punjab and shall be deemed as from that day to have beer/duly appointed to such post by the Government of Punjab. We are not concerned in the instant case about the appointment being deemed to be made by " 'other appropriate authority" in the State of Punjab since the appellant had been appointed by the Rajpra mukh of Pepsu which is equivalent to the State Government of Pepsu and the coordinate authority in the new State of Punjab is the Governor of Punjab. The argument that in the new State of Punjab the Financial Commissioner (Revenue) is the appropriate authority for appointing Assistants is absolutely irrelevant in the context of section 116(1) which enables the status quo ante to continue except where the post ceases to exist under the provisions of the Act. It is also important to bear in mind the provisions of section 115(7) of the Act where under the proviso thereto "the conditions of service applicable immediately before the appointed day to the case of any person referred to in sub section (1) or sub section (2) shall not be varied to his disadvantage except with the previous approval of the Cen tral Government". One of the conditions of service of the appellant was that having been appointed by the State Government of Pepsu he could be only dismissed by the State Government of Pepsu if he had continued there. 962 Under section 116 when he is integrated in the new State of Punjab he carries with him 'that condition of service with regard to his termination of employment and it cannot be. varied to his disadvantage	 under section 115(7) of the Act except with the previous approval of the Central Gov ernment. (See Takhatray Shivdatray Mankad vs State of Gujarat(1)and Bholanath J. Thakar vs The State of Saurashtra(2). No such approval of the Central Government in the instant case is produced before us. It is	 there fore	 clear that an authority subordinate to the Governor of Punjab was not competent to pass the order of dismissal of the appellant. Mr. Sharma submits that the Punjab Financial Commis sioner 's Office (State Service Class III) Rules	 1957	 are applicable in the instant case. Therefore	 under rule 4 thereof the Financial Commissioner is the appointing author ity for Assistants	 the category to: which the appellant belongs. He adds that even though these Rules may be disad vantageous to the appellant he cannot complain on account of the approval of these Rules by the Central Government under section 115(7) of the Act. Mr. Sharma submits that these Rules received the approval of the Central Government as will appear from the general circular dated May 11	 1957	 to all the State Governments. He further submits that in N. Raghavendra Rao vs Deputy Commissioner	South Kanara	 Mangalore(a) and in a recent decision in Mohammad Shujat Ali & Ors. vs Union of India & Ors. etc. 	(4) this Court referred to that circular of May 11	 1957	 and held that that circular amounted to general approval under the proviso to section 115(7) of the Act. We are	 however	 unable to see how this memorandum of May 11	 1957 can be called in aid as 'previous approval ' under section 115(7) of the Act when the Punjab Financial Commissioner 's Office (State Service. Class III). Rules	 1957 were already promul gated on February 28	 1957. Approval under section 115(7) is previous approval and not subsequent ratification. The above decisions	 therefore	 do not come to the aid of the respondent. Mr. Sharma also drew our attention to a decision of this Court in Rajvi Amar Singh vs The State of Rajasthan(5) which is clearly diStinguishable on facts. This Court was not called upon in that case to consider the provisions of the State Reorganisation Act. Our attention has been drawn by the appellant to. an unreported judgment of this Court in Mysore State and Road Transport Corporation	 etc. vs Mirja Khasim Beg & Anr. etc.(6) pronounced on December 1	 1976. This Court had to deal with a similar question although appertaining to: the "competent authority" under section 116(2) of the Act in the background of Article 311(1) of the Constitution. The following passage from that decision will make the. point clear: (1) ; (2) A.I.R. 1954 S.C. 680. (3) ; (4) ; (5) [1958] S.C.R.1013. (6) C.A.S. Nos. 1601 1609 & 2402 2405 of 1968 dated 1 12 1976. 963 "In the instant cases	 the first re spondents were undeniably appointed by the Superintendent of the Traffic Department of the erstwhile State of Hyderabad who was the head of the Road Transport Department of that State. On the coming into force of the 	 on November 1	 1956	 they were to be deemed by virtue of sub section (1) of section 116 of the to. have been appointed with effect from that date to the posts held by them on that date by the appropriate au thority in the new State of Mysore which could not in the context mean an authority other than the one equivalent to or coordinate in rank with the aforesaid authority in the erstwhile State of Hyderabad. The authority equivalent to or coordinate in rank with the aforesaid authority on the relevant date being the General Manager of the Mysore Government Road Transport Department according to. the appellants ' own admission as contained in answer to the aforesaid interrogatories served on them by the first respondents	 he alone could be considered to be the 'compe tent authority ' in terms of sub section (2) of section 116 of the . The fact that there was no post of Superintendent of the Traffic in the Mysore. Government Road Transport Department in the State of Mysore is of no consequence. Such being the position	 the first respondent could not have been dismissed from service by an authority lower or subordinate in rank to the General Manager of the Transport Department as it would tantamount to deprivation of the guarantee enshrined in Article 311 of the Constitution read with section 115(7) of the . ". In the result both the judgments of the High Court are set aside and the judgments and decrees of the Subordinate Judge	 First Class	 Patiala	 stand restored. The appeals are allowed with costs. We are thankful to Mr. Hingorani for his assistance as amicus curiae in these appeals. P.H.P. Appeals allowed.

The appellant was appointed as a clerk in the Patiala State in 1948. On the formation of the new State of Punjab in 1956	 the appellant was integrated in the service of the new State of Punjab as permanent Assistant. The appellant overstayed leave and. therefore	 after holding an enquiry the Financial Commissioner. Punjab dismissed him from serv ice in October	 1959. Appellant filed two suits	 one for a declaration that his dismissal order was void and illegal second for arrears of salary on the basis that the dismissal was illegal. The trial Court decreed both the suits. The High Court in appeal reversed the decrees of the trial Court and dismissed the suits. In the appeals by certificate the appellant contended that the appellant was confirmed in the State of Patiala by the order of the Raj Pramukh. Before its integration he was governed by the Patiala and East Punjab States Union Civil Services (Punishment and Appeal) Rules 1953 which were made in exercise of powers conferred by proviso to article 309 of the Constitution. By a notification of the Punjab Govern ment dated 9 2 1957 the said 1953 Rules were made applicable to the corresponding services from 1st November	 1956 on wards till further orders in the new State of Punjab. Under the 1953 Rules	 the State Government was the appropriate authority for dismissing members of Class Iii and IV. Under section 2(46) of the Pepsu General Clauses Act	 1953. State Government means the Rat Pramukh. The appellant	 therefore	 contended that he cannot be removed from service by any authority subordinate to the Governor of Punjab and since the Financial Commissioner is an authority subordinate to the Governor. he was not competent to pass the order of dismissal. The respondent contended that the appointing authority for the post held by the appellant in the State of Punjab is the Financial Commissioner and	 therefore. he is the appro priate authority under section 116(1 ) of the States Reorganisa tion Act	 1956 to impose the penalty of dismissal. Second ly	 in the present case the Punjab Financial Commissioner 's Office (State Services Class III) Rules. 1957	 apply. Although the said rules are more disadvantageous to the appellant since they have received the approval of the Central Government by the General Circular dated 11 5 1957	 the appellant was rightly dismissed by the Financial Commis sioner. Allowing the appeals. HELD: 1. Section 116(1) merely provides that the appel lant shall continue to hold the same post in the new State of Punjab and shall be deemed to have been duly appointed to such post by the Government of Punjab. The fact that in the new State .of Punjab the Financial Commissioner is the appropriate authority for appointing Assistants is absolute ly irrelevant. Under section 115(7) of the States Reorganisation Act the conditions of service applicable to 957 a civil servant immediately before the appointed day cannot be varied to his disadvantage except with the previous approval of the Central Government. One of the condition of service of the appellant on the appointed day was that since he was appointed by the State Government of Pepsu he could only be dismissed by the State Government of Pepsu if he had continued there. [961 H	 962 A] 2. The Memorandum of 11 5 1957 cannot be called in aid as previous approval because the Punjab Financial Commis sioner 's Office Rules 1957 were promulgated on 28 2 1957 before the Circular dated 11 5 1957 was issued. No approval of the Central Government has been produced. Therefore	 authority subordinate to the Governor of Punjab was not competent to pass an order of dismissed of the appellant. [962 D E] The Court set aside the judgment and decrees of the High Court and restored those of the trial Court. [963 E] Takhatray Shivdatray Mankad vs State of Gujarat ; and Bholanath J. Thaker vs The State of Saurashtra AIR 1954 SC 680	 followed. N. Raghavendra Rao vs Deputy Commissioner	 South Kamara	 Mangalore ; and Mohammad Shujat Ali & Ors. etc. vs Union of India & Ors. etc. ; 	 distinguished. Rajvi Amar Singh vs The State of Rajasthan	 	 distinguished. Mysore State and Road Transport Corporation etc. vs Mirja Khasim Ali Beg & Anr. C. As. 1601 1609 and 2402 2405 of 1968 dt. 1 12 1976 followed.