Judgment SUBBA RAO, J. ( 1 ) THESE appeals by Special leave are directed against the order of the High court of Mysore at Banglore quashing the order of the government of Mysore reverting the respondents from the posts of Assistants to those of Junior Assistants on the grounds that they had failed to pass the prescribed departmental examinations within the time fixed. ( 2 ) THE facts are simple and they are briefly as follows. The new State of Mysore came into existence on 1/11/1956 under the provisions of the States Reorganisation Act. In the former State of Mysore, there were two categories of clerks in the Mysore Secretariat Service, namely, First Division Clerks and Second Division Clerks. After the reorganization of the State, the former were designated as Assistants and the latter as Junior Assistants. After the reorganization of the State, Clerks discharging similar functions in those parts of Madras, Hyderabad and Bombay States which were merged in the Mysore State had to be integrated with those working in the Mysore Secretariat. The respondents were temporarily promoted as Assistants on different dates between 21/12/1957 and 19/01/1965 pending finalisation of the inter-State seniority list. On 15/09/1965, the government of Mysore, purporting to act under rule 10-A of the Mysore State Civil Services, (Kannada Language Test and Departmental Examination) Rules, 1962, hereinafter called the 1962 Rules, ordered the reversion of the respondents to the posts of Junior Assistants on the ground that they bad not passed the prescribed departmental examinations within the time fixed. The respondents filed petitions in the High court of Mysore under Art. 226 of the Constitution challenging the said order of the Mysore government. The High court quashed the order of the Mysore government reverting the respondents, mainly on the ground that the respondents were not promoted subject to the said condition and that that was not a condition of service prescribed by any of the rules governing their service. The government of Mysore has preferred the present appeals against the said order of the High court. ( 3 ) THE argument of Mr. The government of Mysore has preferred the present appeals against the said order of the High court. ( 3 ) THE argument of Mr. B. R. L. Iyengar, learned counsel for the appellants, may be put under the following three heads : (1) Though in the order of promotion of the respondents no specific condition in regard to pasting of departmental tests was imposed, having regard to the relevant orders obtaining at that time, such a condition should necessarily be implied. (2) As there were no rules framed under Article 309 of the Constitution at the time the respondents were promoted, their conditions of service were governed by the executive orders in force at the relevant time. (3) In any view, the 1962 Rules imposed such a condition for promotion of the government servants and that, therefore, the government was within its right in reverting the respondents. ( 4 ) MR. G. R. Ethirajulu Naidu, learned counsel for the respondents, contended that the order promoting the respondents was not made subject to such a condition, that the relevant rules made by the governor in exercise of his power under Article 309 of the Constitution regulating the conditions of service of the Mysore government servants did not prescribe any such condition, and that, therefore, the said order of reversion was illegal. ( 5 ) WE will premise our judgment "with the observation that we do not propose to express any opinion on the question whether, apartfrom statutes and rules roads by the governor under Article 309 of the Constitution, the government, in exercise of its executive fiat, can impose other conditions of service. That raises a very important question which does not call for a decision in this case, as the learned counsel for the respondents proceeded on the assumption that the Government could impose such conditions of service debar statutes and rules. ( 6 ) TWO questions, therefore, call for our decision, namely, (i) whether the promotions in the instant case were made subject to the condition that the promotees should pass the departmental tests within the time prescribed, and (ii) whether a pass in the said departmental tests was one of the conditions of service. The orders of appointment of the respondents as Assistants are similar in terms and therefore, suffice it to quote one of them as an illustration. The orders of appointment of the respondents as Assistants are similar in terms and therefore, suffice it to quote one of them as an illustration. It reads :government of Mysore [general Administration (Administration 1) Department. ] No. GAD 74 SSM 58. Mysore government Secretariat, Vidhana Soudha, dated, Bangalore, the 5/06/1958/ Jyestha 16, Saka Era 1880. Office Memorandumthe following Junior Assistants of the Mysore government Secretariat are promoted as Officiating Assistants temporarily without prejudice to the Seniority of others. These promotions are subject to review after the finalisation of the Inter-State Seniority List. They are directed to repot to duty in General Administration Department (Administration-1 ). __________________________________________________________________ Sl. name Where working Nature of vacancy no. __________________________________________________________________ 1 2 3 4 __________________________________________________________________ H. C. Chandraiah S. P. C. Vide the post sanctioned to A & F Department in No GAD 55 SSM 58 dated 7-24958 __________________________________________________________________ (Sd.) A. R. Adinarayanaiah, Under secretary to government, General Administration Department (Administration-1 ). ( 7 ) THE background of the order was that by that time there were junior Assistants belonging to different States who became the servants of the Mysore government but were not yet integrated into one united list. Further, it is not disputed that promotion of junior Assistants bailing from other States was not subject to any condition that they should pass the departmental test. This order only imposed two conditions for the promotion, namely (i) it was temporary, and (ii) the seniority was subject to review after the finalisation of the Inter-State Seniority list. There was no condition that the promotees should also pass any departmental test. Presumably there could not have been any such intention, as it was not likely that the government would have made an invidious distinction between those who came into the Mysore State from other States and those who were already employed in the erstwhile Mysore State. When the order of promotion is clear, unambiguous and self-contained, we cannot legitimately imply any conditions which are not incorporated therein. The promotees can only be governed by that order and other statutory rules regulating the conditions of service, if any, that were obtaining at that time. We, therefore, hold that the order promoting the respondents as Assistants was not subject to the conditions that they should pass any departmental test. The promotees can only be governed by that order and other statutory rules regulating the conditions of service, if any, that were obtaining at that time. We, therefore, hold that the order promoting the respondents as Assistants was not subject to the conditions that they should pass any departmental test. ( 8 ) THE next question is, whether such a condition was imposed under any statutory rules governing the service conditions of Assistants. Article 309 of the Constitution provides the mode of regulating the conditions of services of persons serving in States. It says:subject to the provisions of this constitution. Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed to public services and posts in connection with the affairs. . . . . . . of any State. Provided it shall be competent. . . . . . for the governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act. Under this Article the recruitment and conditions of service of persons appointed to the services under the State can only be regulated by a statute made by the appropriate Legislature or by the rules made by the governor or by any person authorised by him. It is commoncase that there is no statute made by the Mysore Legislature regulating the service conditions of the Assistants; but on 13/11/1957, the governor, in exercise of his powers under Article 309 of the Constitution and in supersession of all previous rules on the subject, made the Mysore Secretariat Services Recruitment Rules, 1957. The relevant provisions thereof read :rule 2. In respect of each category of posts specified in column 1 of the Schedule, the methods of recruitment and the minimum qualifications, and the period of probation, if any, shall be as specified in the corresponding entries of columns 2 and 3 of the said Schedule. The relevant provisions thereof read :rule 2. In respect of each category of posts specified in column 1 of the Schedule, the methods of recruitment and the minimum qualifications, and the period of probation, if any, shall be as specified in the corresponding entries of columns 2 and 3 of the said Schedule. __________________________________________________________________ Category of Posts Method of recruit Minimum qualifications ments and period of probation __________________________________________________________________ 1 2 3 __________________________________________________________________ Superintendents By promotion from For promotions: Apass (Rs. 200-10-280 the cadre of Assis in the prescribed Depart- -15-400) tants who have put mental examinations. in at least 5 years service in that cadre or by promotion of I Grade Stenographers who have put in at least 8 years service in that cadre and one years service as an Assistant, on the basis of seniority cum-efficiency, in the ratio of 5 : I every 6th vacancy being filled in by I Grade Stenographer. Assistants 50% by direct recruit For direct recruitment; (Rs. 80-5-100- ment and 50 per cent A pass n Intermediate, 8-140-10-200) by promotion from Pre-University or an the cadre of junior equivalent examination. Assistants. Probation : one year. __________________________________________________________________ it may be noticed that these rules are in supersession of the earlier roles, that is to say, all the previous rules, whether statutory or executive regulating the service conditions of the government servants governed by these rules lapsed from that date. If there were anygovernment orders prescribing passing of departmental tests as a condition for promotion, they ceased to have any legal force thereafter. Secondly, the said rule deals with different categories of employees, prescribes different methods of recruitment and provides different conditions. A comparison of the minimum qualifications prescribed for recruitment of Superintendents and Assistants shows that in the case of the former, for promotion a pass in the prescribed departmental examinations is a condition for promotion, whereas in the later case no such condition is laid down. Indeed, though for direct recruitment as Assistants a pass in the Intermediate or Pre-University examination and one years probation are prescribed, for promotees no such qualification is laid down. It only says that 50 per cent shall be promoted from the cadre of junior Assistants. Obviously it was thought that experience as Junior Assistant was sufficient qualification for promotion as Assistant. If we look at the Mysore State Civil Services (General Recruitment) Rules, 1957. It only says that 50 per cent shall be promoted from the cadre of junior Assistants. Obviously it was thought that experience as Junior Assistant was sufficient qualification for promotion as Assistant. If we look at the Mysore State Civil Services (General Recruitment) Rules, 1957. which came into force on 10/02/1958, the said rules also do not lay down that passing of the departmental tests is a condition for promotion. Those rules were also made by the governor in exercise of his powers under Article 309 of the Constitution The said rules governed the recruitment to all State Civil services and the holders of all posts, whether temporary or permanent, except the category of cases exempted there from under the rules. Rule 3 thereof says that the method of recruitment and qualification for each State Civil Service shall be as set forth in the rules of recruitment of such services specially made in that behalf. This section therefore takes us back to the rules specially made for the recruitment of Assistants by promotion i. e. , the rules made by the governor on 13/11/1957. But, reliance is placed on the 1962 Rules made by the governor in exercise of his powers under Article 309 of the Constitution. The relevant rules read:"rule 2 (b) departmental examination means the departmental examination prescribed in government Order No. GAD 1 RDE 57, dated the 31/10/1957 for the several departments of the State government, or the examinations prescribed in the special rules of recruitment applicable to any department or examinations which the government may by general or special order prescribe for any class or service or category of posts in any department . Rule 2. Every government servant shall, except as otherwise provided in these rules, pass the language test and departmental examinations. Rule 4. Save as otherwise provided for in the rules of recruitment specially made for any post the time for passing the language lest and departmental examinations shall be two years from the date of joining service. Provided that the time for passing any departmental examinations which may be prescribed for any post, after the coming into force of these rules, shall be two years from the date of the order prescribing the said examinations, if no time is otherwise specified in the rules of recruitment specially made for such post. Rule 7 (1 ). Provided that the time for passing any departmental examinations which may be prescribed for any post, after the coming into force of these rules, shall be two years from the date of the order prescribing the said examinations, if no time is otherwise specified in the rules of recruitment specially made for such post. Rule 7 (1 ). A government servant who fails to pass the language test and departmental examinations shall, after the expiry of the period specified in rule 4 or the period extended under rule 5 unless he is exempted under these rules, not be eligible to draw increments until and unless he passes the language test and departmental examinations. 2 and 3 X X X X XRule 8. Where departmental examinations and the language test have been prescribed as qualification -for being considered for promotion or appointment by transfer to any post in the higher cadre, a government servant who has not passed the same shall not be considered for such promotion or appointment unless he passes or is exempted from passing the same. Rule 10-A. government servants who nave been promoted temporarily subject to the condition that they should pass the departmental examinations and the language test shall, unless they are exempted from passing the departmental examinations and the language test, be reverted to the grade from which they were promoted if they do not pass the same within the time allowed for doing so. Under these rules, the expression departmental examinations is defined. A duty is enjoined upon every government Servant to pass the examinations. Periods are prescribed for passing the said examinations. The consequences of not passing such examinations are laid down, Under rule 7 if a government servant does not pass the examination, he will not be eligible to draw increments; and under r. 8, if the passing of such examinations has been prescribed as a qualification for being considered for promotion, a government servant cannot be promoted unless he has passed the said examinations. But to invoke this rule, it is necessary that there should have been a condition imposed prescribing such a qualification for promotion to a particular post. But to invoke this rule, it is necessary that there should have been a condition imposed prescribing such a qualification for promotion to a particular post. But, it is said that the definition of the expression departmental examinations, in r. 2 (b) of the 1962 Rules indicates that the order dated 31/10/1957 is accepted for the purpose of the said Rules as the condition, prescribed within the meaning of r. 8 thereof. Even if departmental examinations in r. 8 refers to any departmental examinations mentioned in the order dated 31/10/1957, it is not attracted, unless the passing of the said departmental examinations has been prescribed by one of the rules as a qualification for being considered for promotion. But there is no such rule in the 1962 rules. No can we find any such condition in the order dated 31/10/1957. Rule 9 of the said Order only says that orders as to the examinations to be passed before the officials are allowed to cross the Efficiency Bar, or to gain promotion and confirmation may, if necessary, be obtained in due course. This rule does not lay down that the passing ofdepartmental examinations is a condition for promotion of Junior Assistants as Assistants. In the Special Volume of Service Rules issued by the government of Mysore, there is an order issued by the government on 31/10/1957, laying down certain rules for the conduct of Local Service Examinations. Rule 9 of the said rules reads:the heads of Departments are requested to verify the Annx. II and obtain orders of government should they find that any category of officials of their departments, who have to pass any of the examinations are not mentioned therein. Orders as to be passed before the officials are allowed to cross the efficiency bar, or to gain promotion and confirmation may, if necessary, be obtained in due course. In Annx. II mentioned in the above rule, under the heading department of Revenue, the following Note is found:- (1) Only direct recruits to I Division need pass the test mentioned above. For promotion from II Division to I Division, officials need not pass Higher Examination, (2) X X X X X ( 9 ) NO particular examinations are prescribed for promotion of Junior Assistants as Assistants and, therefore, no question of obtaining orders in regard thereto arises. For promotion from II Division to I Division, officials need not pass Higher Examination, (2) X X X X X ( 9 ) NO particular examinations are prescribed for promotion of Junior Assistants as Assistants and, therefore, no question of obtaining orders in regard thereto arises. The departmental examinations mentioned in the definition of r. 2 (b)r. 3 and r. 8 of the 1962 Rules and those mentioned in the order dated 31/10/1957, refer only to those which are prescribed as a condition for promotion in respect of certain services and they have no relation to the question of promotion of the Junior Assistants as Assistants. Rule 10-A of the 1962 Rules only applies to the respondents if they had been promoted subject to the condition that they should pass the departmental examinations. We have seen that there is no binding rule imposing such a condition. 10, Orders issued by the government dated 23/02/195 4/07/1956 and 31/10/1957 are also relied upon. But, as we have mentioned earlier, the said orders have been superseded by the Mysore Secretariat Services Recruitment Rules, 1957. That apart, the said orders did not lay down any such condition. After narrating the previous orders on the subject, the relevant order dated 23/02/1954 read:all officials whether in First Division or Second Division who have not passed the tests prescribed under Official Memorandum dated 14/5/1948, and 24-8-1948 should pass then in terms of government Order dated 15/6/1951 before "15/6/1954 and then take their chances for drawing further increments subject to the orders that may be in force. ( 10 ) THIS order has nothing to do with promotion but only withdrawing of increments. The second order is found in the Manual of Office Procedure at paras 643 to 645. Paragraph 644 reads :an Official in the Second Division must have passed all the tests prescribed for the First Division before he can be promoted as First Division Clerk. In connection with this Manual, the High court observed :we do not know the source of power under which this Manual was published. The Manual in question does not give any guidance in that regard. We are of the opinion that this Manual is only a ready reference, prepared for the use of the officials. It has no legal force. No arguments have been advanced before us to discredit the said statement of the High court. The Manual in question does not give any guidance in that regard. We are of the opinion that this Manual is only a ready reference, prepared for the use of the officials. It has no legal force. No arguments have been advanced before us to discredit the said statement of the High court. We agree with the High court that this Manual has no legal force. The third order dated 31/10/1957, provides for the conduct of Local Service Examinations Annx. II to that order prescribes some departmental examinations for the First Division Clerks, but does not mention that passing of those examinations is a condition for promotion. These three orders dated 23/02/195 4/07/1956 and 31/10/1957, are at their best executive orders issued by the government. They have no statutory force and they have been superceded by the Mysore Secretariat Services Recruitment Rules. 1957. Further, they do not lay down any conditions for promotion of Junior Assistants as Assistants. ( 11 ) LEARNED counsel for the appellants wanted to rely upon some other orders passed by the government before the said 1957 Rules ; but, as they were not placed before the High court, we did not permit him to rely upon them before us. ( 12 ) THE result of the discussion may be summarised as follows : The executive orders passed before 31/10/1957, were superseded by the Mysore Secretariat Services Recruitment Rules, 1957. Neither under the 1957 Rules nor under the 1962 Rules the passing of departmental examinations and tests was made a condition for promotion of Junior Assistants as Assistants. No such condition was imposed on the respondents in the orders issued by the government promoting them as Assistants. If so, in terms of rule 10-A of the 1962 Rules, they could not be reverted to the grade from which they were promoted, as their promotions were not subject to the condition that they should pass the departmental examinations and the language test. The order of the High court is, therefore, correct. In the result, the appeals fail and are dismissed with costs.