( 1 ) THE petitioner was Assistant Secretary of the Agricultural Produce market Committee of Bijapur when the Secretary, D. B. Bagali retired from service in January 1969. The Chairman of the Committee appears to have recommended the appointment of the petitioner as Secretary by promotion. However, the State Government appointed the fourth respondent who was working at a similar committee of Byadagi by transferring him from Byadagi Committee to the Bijapur Committee. ( 2 ) THE petitioner prays for the issue of a writ quashing the order appointing the fourth respondent as Secretary of the Bijapur Committee and for consequential order to consider the petitioner's case for promotion. ( 3 ) THE Market Committee at Bijapur was formed under or in accordance with the terms of the Bombay Agricultural Produce Markets Act, 1939. When the Mysore Agricultural Produce Marketing Regulation Act was passed and came into force on 1st of May, 1968, all the officers and servants of such committees became the servants of the State Government by virtue of the provisions of sub-sec. (1) of S. 59, of the said Act. Sub-sec. (2) which is relevant to the present claim reads as follows:" (2) The officers and servants of market committees who become officers and servants of the State Government under sub-sec. (1), shall hold their office by the same tenure, at the same remuneration and upon the same terms and conditions of service and with the same rights and privileges as to pension, gratuity, provident fund and such matters as they woud have held the same under the market committee concerned and shall continue to do so until their remuneration, term and conditions of service including the privileges as to pension, provident fund and gratuity are altered by rules or other provisions made under Art. 309 of the Constitution, and any such alteration shall have effect, notwithstanding anything contained in any contract or law for the time being in force. " ( 4 ) IT is petitioner's case not disputed by respondent, State Government, that no rules under Art. 309 of the Constitution or any other rules have yet keen brought into force. ( 5 ) THE result is that the service rules governing the recruitment and conditions of service of officers and servants of each of the committees continued in force, notwithstanding the fact that such officers and servants of all the committtes became Government servants. ( 5 ) THE result is that the service rules governing the recruitment and conditions of service of officers and servants of each of the committees continued in force, notwithstanding the fact that such officers and servants of all the committtes became Government servants. In the absence of uniform rules, which if brought into force, would have operated in substitution of or notwithstanding the provisions of any other previous rules, each committee must be regarded as a separate unit for the said purposes. An appointment to any of the posts in any commitee should, therefore, be governed by the rules of the said committee and no other rules. ( 6 ) THE fact that under S. 58 it is expressly provided that a Secretary of every marketing committee must be a Government servant and must be appointed by the State Government, does not, to any extent, whittle down or render inapplicable the express provisions of sub-sec. (2) of Sec. 59. Indeed, whereas S. 59 (2) adds that any rules made under Art. 309 of the constitution shall operate notwithstanding anything contained in any contract or law, the power under S. 58 to make an appointment to the post of a Secretary is not described as a power which could be exercised notwithstanding the provisions of sub-sec. (2) of S. 59 or notwithstanding the provisions of any of the rules of service preserved under sub-sec. (2) of section 59. ( 7 ) IT has been pointed out that although Rule 4 of the service rules of the Bijapur Marketing Committee provides for superior posts being filled by promotion from the ranks of the immediately inferior post, B. 7 assumes that the direct recruitment to superior post is also possible, but only prescribes that no appointment by direct recruitment to superior service shall be made except by inviting applications by advertisement in a local daily news paper. ( 8 ) IT is conceded that the appointment of the fourth respondent was made by an order transferring him from Byadgi Committee to Bijapur committee and that no advertisement calling for applications was published as required by the said seventh rule. The fact that it was a transfer does not make the appointment any the less an appointment by direct recruitment so far as Bijapur Committee is concerned. Such an appointment by direct recruitment without complying with the rules is not sustainable. The fact that it was a transfer does not make the appointment any the less an appointment by direct recruitment so far as Bijapur Committee is concerned. Such an appointment by direct recruitment without complying with the rules is not sustainable. ( 9 ) IN the result, the appointment of the fourth respondent has to be and is hereby quashed. As the petitioner has since retired from service, no orders are necessary on the second prayer. Parties will bear their own costs. --- *** --- .