NARAYANA PAI, C. J. ( 1 ) THE petitioners in these writ petitions were hereditary Shanbhogues or Village Accountants working in various villages of Mandya District. They were continued in office by virtue of sub-sec. (2) of S. 16 of the mysore Land Revenue Act of 1964. They are sought to be replaced and relieved from their posts by various persons appointed by the Deputy commissioner and by orders of postings, subsequently made by the tahsildars of various Taluks, to the different villages where the petitioner have been working. They impugn the validity of these orders. ( 2 ) IT is not disputed on behalf of the respondent State Government that actual orders of posting were made by the Tahsildars themselves. The pattern of posting adopted by the Deputy Commissioner was to make appointments himself, distribute his appointees between various taluks by allocating named persons in respect of specified Taluks and then direct the Tahsildars of the Taluks to make postings. ( 3 ) NOW, S. 16 of the Land Revenue Act of 1964 reads as follows:"16. Village Accountant - (1) The Deputy Commissioner may, subject to the general orders of the State Government and the Divisional commissioner, appoint a Village Accountant for a village or group of villages and he shall perform all the duties of a Village accountant prescribed in or under this Act or in or under any other law for the time being in force, and shall hold office under and be governed by such rules as may be prescribed. (2) Persons holding the office of a Village Accountant for a village or group of villages immediately prior to the commencement of this Act shall be deemed to be Village Accountants for such village or group of villages till another person is appointed under Subsection (1 ). "the language of sub-sec. (2) makes it clear that the original territory in respect of which the hereditary Shanbhogues were functioning continued to be the sphere of their functioning. An appointment which would terminate that continuance is an appointment of a person or persons appointed to work as Village Accountants in respect of villages which are the same as or include the villages in respect of which the continuing shanbhogue was functioning. ( 4 ) AS the only appointment which can displace the hereditary shanbhogues continuing under sub-sec. An appointment which would terminate that continuance is an appointment of a person or persons appointed to work as Village Accountants in respect of villages which are the same as or include the villages in respect of which the continuing shanbhogue was functioning. ( 4 ) AS the only appointment which can displace the hereditary shanbhogues continuing under sub-sec. (2) is an appointment made by the Deputy Commissioner, the first posting must, in our opinion, be by the Deputy Commissioner himself. The contention put forward in the counter affidavit that the posting by the Tahsildar was a mere irregularity cannot be accepted because it is not supported by the clear effect of the language of the section. ( 5 ) THE result is that it has to be declared in all these writ petitions that the impugned orders of the Tahsildars have not had the effect of terminating the continuance of the petitioners as Shanbhogues or Village accountants in respect of the villages or circles where they were working. There will be such a declaration in each of these writ petitions. ( 6 ) IN WP. 1032/1970, there is the further complaint that the petitioner's case for selection under the recruitment rules of 1961 has not been properly considered or that his rejection is illegal. The petitioner, however, is now 57 years of age. Hence, no effective relief can be given to him by making any order for considering his case today. ( 7 ) A similar complaint made by the petitioner in WP. 2313/70 cannot be entertained because the proviso to sub-ruled) of Rule 10 of the recruitments Rules 1961 can be taken advantage of only if after advertisement of vacancies twice, sufficient number of persons found suitable for recruitment are not available but there is no averment to that effect in the affidavit. ( 8 ) IN neither of these writ petitions, therefore, is there any need to make any further order than the declaration already made. ( 9 ) IN WP. 1673/70, there is an interlocutory application for permission to add a prayer claiming salary. He has been permitted to do so by an order made on the 9th of September 1970. On that prayer applying the decision in WP. ( 9 ) IN WP. 1673/70, there is an interlocutory application for permission to add a prayer claiming salary. He has been permitted to do so by an order made on the 9th of September 1970. On that prayer applying the decision in WP. 5473/69, there will be a declaration that the petitioner is entitled to be placed with effect from 21st January 1966 on the pay scale prescribed under Rule 2 of the Recruitment Rules of 1961 and also to the increments accruing therein and the revised pay scales brought about in 1970, subject to the condition that the recovery of excess of salary over Potige will be limited to three years immediately preceding the presentation of the application, which was 18th August 1970. --- *** --- .