JUDGMENT : G.K. MITTER, J. 1. This appeal by certificate granted by the High Court of Mysore arises out of a Writ Petition No. 216 of 1967 filed in that Court by one Y. Krishna Reddy against the Chief Secretary to the Government of Mysore and 58 other persons praying for the issue of a writ of mandamus or order of a like nature directing the first respondent i.e. the said Secretary, to consider the case of the petitioner for promotion with effect from December 17, 1966 to the post of Senior Assistant on which date respondents 2 to 59 who were junior to the petitioner were promoted either in addition to or in supersession of the promotion of respondents 2 to 59 with a further direction to give all consequential benefits. 2. The petition mentioned above and a number of other petitions filed by Assistant in the Mysore Government Secretariat with the common complaint that they had not been promoted as Senior Assistants when a number of Assistants Junior to them and impleaded as respondents were so promoted by the official memorandum dated December 17, 1966 were disposed of by a common judgment of the High Court. The ground on which these petitions were said not to have been considered for promotion was that they had not passed the departmental examinations prescribed by the Mysore Secretariat Services (Recruitment Amendment) Rules, 1966 made by the Governor under the proviso to Article 309 of the Constitution and published by a notification dated November 26, 1966. The common prayer of the petitioners was that the State Government should be directed to consider their cases for promotion as from the date on which the Assistant Junior to them were promoted. 3. It is necessary to note the background of the Mysore Secretariat Services (Recruitment Amendment) Rules, 1966, hereinafter referred to as the Amendment Rules, when the new State of Mysore emerged on 1st November, 1956 civil servants from different States were allotted to the new State under the provisions of the State Reorganisation Act, 1956, hereinafter referred to as the Reorganisation Act part X of the Act containing Sections 114 to 118 contains provisions as to the services. Section 115 enacts provisions relating to services other than All India Services Sub-section Section (5) of this Section provides that the Central Government may by order establish one or more Advisory Committee for the purpose of assisting it in regard to various matters including the ensuring of fair and equitable treatment to all the persons affected by the provisions of the Section and the proper consideration of any representations made by such persons. Sub-section (7) provides :- "Nothing in this Section shall be deemed to affect after the appointed day the operation of the provisions of Chapter I of Part XVI of the Constitution in relation to the determination of the conditions of services of persons serving in connection with the affairs of the Junior or any State : Provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in sub-section (1) of sub-section (2) shall not be varied to his disadvantage except with the previous approval for the Central Government." 4. Section 117 enables the Central Government at any time before or after the appointed day to give such directions to any State Government as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of part X of the Act and the State Government has to comply with such directions. 5. The Central Government addressed a letter dated March 27, 1957 to the State Government affected by the reorganisation of States regarding protection of service conditions to be afforded to State service personnel and this was republished by the Mysore State Government on May 11, 1957. By that letter the Central Government decided that the conditions of service obtaining immediately before 1st November, 1956 relating to pay, special pay, leave rules, pension etc. applicable to personnel affected by the reorganisation of State should be protected as detailed in that letter. By that letter the Central Government decided that the conditions of service obtaining immediately before 1st November, 1956 relating to pay, special pay, leave rules, pension etc. applicable to personnel affected by the reorganisation of State should be protected as detailed in that letter. In the view of the Central Government it would not be appropriate to afford any protection to such civil servants in the matter of travelling allowances, discipline, control, classification, appeal, conduct, probation and departmental promotion and that in regard to the latter matters the State Governments might assume the Central Government's approval in terms of the Proviso to sub-section (7) of Section 115 of the Reorganisation Act and take appropriate action and that in all other matters relating to conditions of service, it was necessary for the State Governments concerned to obtain the prior approval of the Central Government before any action was taken to vary the previous conditions of service of such civil servants, to their disadvantage. 6. The Government of Mysore considered it necessary to revise the rules for holding departmental examinations for persons in Government service and an order dated October 31, 1957 was issued for conduct of these departmental examinations. Paragraph 10 of that order provided that officials who had completed 45 years of age on 1st November, 1956 were exempted from passing the examinations prescribed for the purpose of earning increments but not for promotion and a period of two years was allowed in the case of others for passing the examinations for confirmation or for earning increments in the existing grade. It was also provided that officials who had passed tests formerly prescribed for a particular grade in their respective parent states would not be required to pass the new tests. 7. The Government of Mysore made rule called. The Mysore/Secretariat Service (Recruitment) Rules, 1957, which were amended from time to time. For the cadre of Superintendents in the Secretariat the methods of recruitment provided by the original rules was by promotion on the basis of seniority-cum-efficiency from the cadre of Assistants who had put in at least five years service and from the cadre of Grade I Stenographers who had put in at least the said period of service in that cadre and one year's service as an Assistant and the minimum qualification for such promotion of Assistants was a pass in the prescribed departmental examinations. Out of every six vacancies in the post of Superintendent, five were to be available to Assistants and one to Grade I Stenographers but the rules did not specify what the departmental examinations were. 8. On June 30, 1961, the Government of Mysore addressed a letter to the Central Government on the subject of departmental tests and the language examination and the penalties for failure to pass the same. Reference was made to the State's order dated October 31, 1957 according to which the Officers who had not taken Kannada as their optional or second language in the University or in any recognised public examination and whose mother tongue was not Kannada were required to pass the Kannada Examination of the standard prescribed in the Government Order. It was further mentioned that the State Government had from time to time extended the limit of time for passing the prescribed departmental examinations and Kannada Language Test up to April 30, 1961 and that Government did not intend to confirm and also wanted to revert officials who had not passed the said examinations and test. The Government, however, felt that the consequence of failure to pass such examinations viz., withholding of confirmation, increments and promotions, seemed to affect the service conditions of Officers who had come from integrated States and consequently it would not be open to the State Government, to enforce these orders unless the sanction of the Government of India was obtained under Section 115 (7) of the Reorganisation Act. 9. Further as no approval had been obtained before the Government Order dated October 31, 1957 the State Government desired to obtain the approval of the Central Government before enforcing the conditions laid down in that order. 10. In reply to the above the Central Government took the view that the proposed orders of the State Government are likely to be harsh in their operation to the linguistic minorities of the State. According to the Central Government the withholding of promotions on the ground that a Government servant had failed to pass the departmental tests and the regional language test would be justified only when knowledge of the same was absolutely essential for the satisfactory discharge of the duties of the higher post. 11. According to the Central Government the withholding of promotions on the ground that a Government servant had failed to pass the departmental tests and the regional language test would be justified only when knowledge of the same was absolutely essential for the satisfactory discharge of the duties of the higher post. 11. The Central Government considered that Government servant who had reached age of 45 years should be granted complete exemption from passing the prescribed tests and their cases the passing of such tests need not be made a condition of eligibility for being considered for promotion. Finally the Central Government requested the State Governments to reconsider their proposals in the light of the suggestions made which included complete exemption to Government servants who were 45 years or more from passing the tests as a condition of eligibility for being considered for promotion and the extension of the time limit proposed by the State Government so as to enable Government servants below the age of 45 years to pass the proposed tests. 12. On May 5, 1962 the Government of Mysore sent to the Central Government the draft of the Mysore State Civil Services (Kannada Language Test and Departmental Examinations) Rules, 1962 for previous approval in terms of the proviso to sub-section (7) of Section 115 of the Reorganisation Act. 13. By letter dated May 25, 1962 the Central Govt. accorded approval to these proposed rules. Thereafter, the Governor of Mysore issued the Mysore State Civil Services (Kannada Language Test and Departmental Examinations) Rules, 1962, hereinafter referred to as the Departmental Examinations Rules, which were published by a notification dated 28th April, 1962. 14. Under Rule 1 (3) these rules were to apply to all persons serving in connection with the affairs of the State of Mysore, whether in a permanent or temporary capacity, except those for whose conditions of service provisions had been made by or under any law for the time being in force or in any contract. 15. Under rule 2(b) Departmental Examinations meant those prescribed in the Order mentioned above dated October 31, 1957 for the several departments of State Government or the examinations prescribed in the special rules of recruitment applicable to any department. Under Rule 4 (1) the time limit for passing the language test and departmental examinations was to be two years from the date of joining service. Under Rule 4 (1) the time limit for passing the language test and departmental examinations was to be two years from the date of joining service. Rule 8 provided that where departmental examinations had been prescribed as a qualification for being considered for promotion or appointment by transfer to any post in the higher cadre, a Government servant who had not passed the same shall not be considered for such promotion or appointment unless he passes the examination or was exempted therefrom. 16. The Departmental Examinations Rules were amended by notification dated April 1, 1964 and a new Rule 10-A was inserted which in effect provided that Government servants who had been promoted temporarily subject to the conditions that they should pass the departmental examinations and the language test would, unless they were exempted from passing the same, be reverted to the grade from which they had been promoted if they did not pass the same within the time limit allowed. 17. By a letter April 17, 1964 the Government of Mysore informed the Central Government that the amendment to the Departmental Examinations Rules made by notification dated 1st April, 1964 would enable the allotted Government servants being considered for the purpose of first stage promotion if they were eligible for promotion in their parent states, but such persons would however, be required to pass the departmental examinations and language test before they were considered for promotion to the next higher stage after the first stage promotion after 1st November, 1956 unless they were exempted from doing so under the rules. 18. The Mysore Government Secretariat Services (Recruitment) Rules, 1957 were amended by a notification dated April 18, 1964 and two new cadres of senior Assistants and Selection Grade Stenographers were created. The cadre of Senior Assistants was placed in between Superintendents and Assistants. The method of recruitment to the cadre of Senior Assistants was (1) by promotion from the cadre of Assistants who had put in at least five years as Assistants on the basis of a seniority-cum-efficiency and (2) transfer from the cadre of Selection Grade Stenographers on the basis of Seniority-cum-Merit. The minimum qualification required both for such promotion and transfer was a pass in the prescribed departmental examinations. The minimum qualification required both for such promotion and transfer was a pass in the prescribed departmental examinations. Out of every seven vacancies of Senior Assistants, six were to be filled up by promotion from the cadre of Assistants and one by transfer from the cadre of Selection Grade Stenographers. 19. On April 20, 1964, the Government of Mysore issued an order entitled Departmental Examiners to the post of Senior Assistants in the Secretariat which read : "The following Departmental Examinations which are prescribed for the cadre of Assistants in the Mysore Government Secretariat are also prescribed to the cadre of Senior Assistants created on Government Order No. GAD 4 OSM 60 dated 7.8.63 :- Senior Assistant : Revenue (Higher) 'Accounts (Higher)' General Law (Part D) Secretariat Manual (Parts I & II)." 20. In H.N. Krishna Gowda v. State of Mysore, (1966) (2) Mys. L.J. 699, a Full Bench of the Mysore High Court took the view that Rule 1 (3) of the Departmental Examinations Rules did not apply to any category of officials for whose recruitment separate rules had been made by the Governor under the proviso to Article 309 of the Constitution. 21. Within a space of months, this Court in The Chief Secretary to the Government of Mysore v. H.G. Chandriah etc., 1967 Services Law Reporter 1955, was called upon to examine the Mysore Government secretariat services (Recruitment) Rules and the question whether the passing of departmental examinations was a condition for promotion in the Secretariat service. The final conclusion arrived at was that : "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." 22. Closely following the decision of this Court the Amendment Rules of 1966 were brought into existence. By these rules in Order to qualify for promotion to the cadre of Senior Assistants, Assistants had to pass the following departmental Examinations : (i) Revenue (Higher) (ii) Accounts (Higher) (iii) General Law Part I (iv) Secretariat Manual (Parts I and II). Within two days after the publication of Amendment Rules in the Mysore Gazette on December 15, 1966, the official memorandum promoting 59 Assistants as Senior Assistants was issued. 23. The petitioner in Writ Petition No. 216/1967 was an allottee to the new State of Mysore. Within two days after the publication of Amendment Rules in the Mysore Gazette on December 15, 1966, the official memorandum promoting 59 Assistants as Senior Assistants was issued. 23. The petitioner in Writ Petition No. 216/1967 was an allottee to the new State of Mysore. In some of the other writ petitions there were petitioners who had joined the service of the State subsequent to the reorganisation of the State. The stand taken by the petitioners before the High Court was as follows :- (a) The passing of departmental examinations was not required for the first stage promotion in the new State of Mysore. (b) Officials who were above 45 years were completely exempted from passing the said examinations. (c) even for those who were not so exempted a time limit of two years had to be given from the date of the prescription of respective departmental examinations and in the meanwhile they were equally eligible for promotion subject to the passing the examinations before the expiry of the said period of two years. (d) such of the officials who has passed the departmental examinations prescribed in their respective parent States were exempted from passing the examinations prescribed by the State of Mysore. (e) The action of the Government in prescribing the departmental examinations by the Amendment Rules, 1966 and making the impugned promotions just two days after the publication of the rules in the Gazette without considering the code of officials who had not passed such examinations would amount to varying the service conditions of the allottee to the new State of Mysore in violation of the protection given to them under the proviso to Section 115 (7) of the Reorganisation Act and disregarding the lawful directions issued by the Central Government under Section 117 of the said Act. 24. The case of the State Government was that the Departmental Examinations Rules, 1962 were not applicable to officials in the Mysore Secretariat Services as their conditions of service were governed by separate rules namely, the Mysore Secretariat Services (Recruitment) Rules, 1957, and none of the petitioners could claim any benefit under the Departmental Examinations Rules, 1962. 24. The case of the State Government was that the Departmental Examinations Rules, 1962 were not applicable to officials in the Mysore Secretariat Services as their conditions of service were governed by separate rules namely, the Mysore Secretariat Services (Recruitment) Rules, 1957, and none of the petitioners could claim any benefit under the Departmental Examinations Rules, 1962. It was also urged on behalf of the Government that the Amendment Rules, 1966 were valid and the petitioners who had not passed the departmental examinations prescribed by them were not eligible for promotion and the promotee respondents who had passed these examinations had been validly promoted. 25. In the further affidavit filed on behalf of the State, it was urged that in view of the decision of this Court in Raghavendra Rao v. The Deputy Commissioner South Kanara AIR, 1965 SC 136, it was clear that the Central Government had not placed any limitation on the power of the State Government to prescribe departmental examinations as a qualification for promotion. It was also submitted that under Section 117 of the Reorganisation Act it was not competent for the Central Government to issue directions regarding the rules for recruitment including those relating to promotion to higher cadres and that the impugned Amendment Rules 1965 did not prejudicially affect the service conditions of allottees to the new State of Mysore as the rules regulating promotions did not amount to or affect conditions of service. The union of India though impleaded as a respondent did not file any counter affidavit. Examining the decision of the Full Bench of the Mysore High Court and of this Court in the Chief Secretary to the Govt. of Mysore v. H.G. Chandriah (supra) the High Court took the view that the question whether the Departmental Examinations Rules, 1962 were or were not applicable to Secretariat services was not put in issue before the Supreme Court and the Supreme Court had no occasion to decide the question or express any opinion thereon. 26. of Mysore v. H.G. Chandriah (supra) the High Court took the view that the question whether the Departmental Examinations Rules, 1962 were or were not applicable to Secretariat services was not put in issue before the Supreme Court and the Supreme Court had no occasion to decide the question or express any opinion thereon. 26. On the question whether the application of the Amendment Rules, 1966 to the case of the petitioners who were allottes to the State of Mysore violated the proviso to Section 115 (7) of the Reorganisation Act and of the directions issued by the Central Government under Section 117 of the said Act, the Court took the view that a rule regulations promotion was a condition of service and as such the Amendment Rules, 1966 amounted to varying the conditions of service of the petitioners who were allottees to the new State of Mysore to their disadvantage. 27. It was the common case of the parties before the High Court that the Government of Mysore had not obtained the previous approval of the Central Government before the making of the Amendment Rules of 1966. 28. Before the High Court great reliance was placed on the judgment of this Court in Reghavendra Rao v. Dy. Commissioner, South Kanara (supra) wherein reference was made to the memorandum of the Central Government as published by the Government of Mysore on 11th May, 1957 and it was argued that this amounted to previous approval within the proviso to Section 115 (7). In our opinion, however, a general remark like that contained in the said judgment was not meant to lay down the proposition contended for viz., that the previous approval of the Central Government was not required for prescribing departmental examinations as a qualification for promotion. 29. The High Court was of the view that the Amendment Rules of 1966 which had not received that previous approval of the Central Government could not be applied to the allottees to the new State. 30. 29. The High Court was of the view that the Amendment Rules of 1966 which had not received that previous approval of the Central Government could not be applied to the allottees to the new State. 30. On the question as to whether the letter of the Central Government dated 5th January, 1962 should be constructed as giving qualified previous approval under the proviso to Sub-section (7) of Section 115 of the Reorganisation Act or as giving directions under Section 117 of that Act, the High Court was of the view that :- "So far as the allottees are concerned, any rules made by the State Government should be in conformity with the conditions and restrictions and/or directions contained in that letter ......... In the absence of such express provisions, either the Amendment Rules, 1966 have to be declared as violative of the proviso to sub-section (7) of Section 115 and/or Section 117 of Reorganisation Act, or these rules have to be so construed as to imply an obligation on the State Government to apply these rules as not to conflict with the conditions and restrictions and/or directions contained in the aforesaid letter of the Central Government." According to the High Court it was possible to apply the amendment Rules, 1966 as not to violate the conditions and restrictions and/or directions contained in the aforesaid letter of the Central Government and hence it was not necessary to declare the Amendment Rules, 1966 as invalid. Accordingly, the High Court gave directions that "the manner in which the State Government can apply the Amendment Rules, 1966 to such of the petitioners as are allottees to the new State of Mysore, so as not to conflict with the conditions and restrictions and/or directions as of the Central Government, would be - (i) To consider the suitability of such these petitioners who are 45 years of age and above, for promotion or transfer to the cadre of Senior Assistants on the footing that the passing of the departmental examinations prescribed by the Amendment Rules, 1966, is not required in their cases; and (ii) to consider the suitability of such of those petitioners who are below 45 years of age for promotion or transfer to the cadre of Senior Assistants, irrespective of their having passed or not passed the prescribed departmental examinations and promote or transfer those found suitable, subject to the conditions that such of them as have not passed the same within such reasonable time as may be specified by appropriate rules as the Governor may make in this matter." Finally the High Court declared that :- "If as a result of promotion of any of the petitioners to the cadre of Senior Assistants. It is found that the number of Senior Assistants is in excess of the number required by the State, it will be open to the State Government to revert as assistants any of the respondents who are junior to the petitioners so promoted." 31. The present appeal is by fourteen of the respondents in Writ Petition No. 217/1967 who were promoted after the publication of the Amendment Rules of 1966. There fear is that if the directions given by the High Court to the State Government are to be carried out some of them will be reverted to their former positions and hence they challenge the propriety of the said directions. Naturally they are for upholding the Amendment Rules of 1966. No cross appeal or any appeal has been filed by any person who figured as a petitioner in the group of petitions disposed of by the common judgment of the Mysore High Court challenging the validity of the Amendment Rules of 1966. Naturally they are for upholding the Amendment Rules of 1966. No cross appeal or any appeal has been filed by any person who figured as a petitioner in the group of petitions disposed of by the common judgment of the Mysore High Court challenging the validity of the Amendment Rules of 1966. It appears to us that the letter of 11th May, 1957 cannot be interpreted as sought by the State of Mysore on the strength of the observations of this Court in Raghavendra Rao's case (supra). Any rule which effects the promotion of a person relates to his conditions of service and it appears to us therefore, that unless there be the approval of the Central Government in terms of the proviso to sub-section (7) of Section 115, a rule which lays down the passing of certain departmental examinations as a condition for promotion to a person who was an allottee to the new State of Mysore would be in violation of sub-section (7) of Section 115. Moreover, the Central Government had made its position clear by the letter of 5th January, 1962 that Government servants who were 45 years of age or more should be granted complete exemption from passing the prescribed tests and in their cases the passing of such tests need not be made a conditions of eligibility for being considered for promotion. The Central Government also suggested that the limit proposed by the State Government should be increased to enable Government Servants who were below 45 years of age to pass the proposed tests. It would be difficult, if not impossible, to accept any person below 45 years of age to fulfill the conditions laid down in the Amendment Rules of 1966 which came into existence in the month of November, 1966 by the 15th December, 1966. 32. In our opinion, therefore, the Amendment Rules of 1966 can only be given effect to after the approval of the Central Government has been obtained there to and with consequential directions in respect thereof. The appeal is therefore allowed and the judgment of the High Court of Mysore set aside with regard to the directions given for consideration by the State Government. The State Government must proceed to obtain the approval of the Central Government as directed and act accordingly. The parties will pay and bear their own costs.