( 1 ) THESE petitions under Art. 226 of the Constitution rajsq a common question and therefore they shall stand disposed of by this ordier. ( 2 ) THE facts giving rise to the petitions are these: Petitioners were, originally teachers on elementary schools which were under the management of the Murucipal. Councils of Bellary and Hospet. The schools in which the patitioners were serving as teachers were taken over by the state Govt under an Act called the Karnataka Compulsory Primary Education (Amendment and Miscellaneous Provisions) Act, 1969 (hereinafter cabled the Act ). The Act came into, force with effect from 10-9-1969. S. 14 of the said Act, which ia hereinbelow set out, provides for service, conditions of the petitioners and others who were aimilarly situated. "14 (1) Notwithstanding anything contained in the Karnataka village Panchayats and Local Boards Act, 1959 (Kar Act 10 of 1959), the Karnataka Municipalities Act, 1964 (Kar Act 22 of 1964) or any other law,- (a ). . . . . . . . (b) all primary school teachers and other persons as were employed by such Municipal Councils or Panchayata immediately before the appointed day for purposes of primary education shall, as from the appointed day, become employees of that State Govt and shall, until other provision is made, receive the salary and allowances and be, subject to the conditions of service to, which they were, entitled immediately before the appointed day: (Proviso omitted as unnecessary ). "similar provision has been made in the Act for the, absorption ojt primary school teachers who were then serving in the Bombay Karnataka aica. S. 15 (3) (iii) provides for their service conditions on identical terms as that of S. 14 (1) (b) of the Act. It reads as follows :"15 (3) (iii ). On. the repeal of the enactment specified in sub-sec (2), (iii) all primary school teachers and other piersons as were employed by Dist School Boards and all primary school teachers and other persons who, were employed by authorised Municipalities immediately before the, commencement of this sub-seotiori for purposes of primary education shall become employees of the State Govt and shall until other provision is made, receive the salary and allowances and bq subject to this conditions of servica to which they wenei entitledi immediately before the commencement of this sub-section: (Proviso omitted as unnecessary ). " ( 3 ) AS per the provision of sec. 14 (1) (b) of the Act, the petitioners became employees of the State Govt in the corresponding posts in ths karnataka Education Dept with a right to receive the salary and allowances and be, subject to the conditions of service to which they were entitled immediately before commencement of the act. ( 4 ) THE State Govt issued an order dt. 4th Aug 1969, stating that tha primary school teachers and all other staff of the Dist School Boards and municipal School Boards of the Bombay Karnataka Area shall becoms employees of the State; Govt with effect from 25th Jan 1969, and that the total length of serviqe rendered by such employees should be taken into consideration for the purpose of fixation of their seniority in the cadre of absorption or equivalent cadre in the Govt service. The Govt did not issue a similar order conferring like benefits on the petitioners or other teachers coming from the Dists of Bellary and S. Kanara; but the authorities however gave them that benefit and counted their antecedent service for determining their seniority presumably by giving affect to the provisions of s. 14 (1) (b) of the Act. Accordingly a seniority list was prepared. The petitioners, while in service, have qualified themselves by passing degree examinations which is a minimum qualification prescribed for the cadre of high school teachers. On the basis of their seniority and merit, they were, considered for promotion and also, promoted as high school teachers. The petitioners in WP. 2245 of 1974 wag promoted so on 31-12m971; some of the petioners welre promoted in the year 1972: and fffw others were, promoted in 1973 and the remaining in tha year 1974. On 4/15-5-1974, the Governor of Karnataka in exercisiei of his powers conferred by the proviso to Art. 309 of the Constn, promulgated the Karna. taka municipal Elementary School Teachers (Absorption in the Karna. taka education Dept Services) Dept- of Public Instruction) Rules, 1974, which are hereinafter call. ed 'the Rules. Tha validity of the Rules hag been called into question in these petitions. ( 5 ) AS per the Rules, the petitioners were denied of their service rendered in the Municipal Schools for the purpose of counting their seniority in the Govt service. taka education Dept Services) Dept- of Public Instruction) Rules, 1974, which are hereinafter call. ed 'the Rules. Tha validity of the Rules hag been called into question in these petitions. ( 5 ) AS per the Rules, the petitioners were denied of their service rendered in the Municipal Schools for the purpose of counting their seniority in the Govt service. The Rules directed that the, petitioners shall be deemed to have been absorbed in Govt service with effect from 1st Nov, 1969. On the basis of the Rules, the seniority of the petitioners was said to have been revised and on 18th May 1974, they have been reverted presumably on the, ground that they were juniors in the cadre and they must give, place to the candidates selected by the Public Service Commission. The petitioners have also challenged the, legality of their reversion. ( 6 ) THE arguments on behalf of the petitioners are put in this way: that by S. 14 (1) (b) of the Act, the petitioners have become employees of tho State Govt with a right to count their Municipal service in determining the seniority in Govt service. That is a right conferred on them by tho Act of the Legislature, and the Governor, in exercise of his powers under the proviso to Art. 309 of the Constn. has no, power to make the Rules taking away that right. Tha Rules are violative of Arts. 14 and 16 (1) of the Constn, as the petitioners have been discreminated by denying them their past service while similar benefit" was extended to tha teachers of the Bombay Karnataka Area. ( 7 ) IF the Act and Rules occupy the same field, then the Rules woiuld be ineffective or invalid. The Rules have baen made in exercise of the powers conferred by the proviso to Art. 309 of the Constn. Art. 309 provides that subject to the provisions of the Constn, 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 the Union or of any State. Art. 309 provides that subject to the provisions of the Constn, 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 the Union or of any State. The proviso to Art. 309 makes It competent to the President or such person ap he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor oj 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. Any rule sq made shall have effect until provision in that behalf is made by or under an Act of the appropriate legislature. The governor, therefore, in exercise of his powers under the proviso to Art. 309 could make Rules only on matters, where there is no legislation, by a competent Legislature. ( 8 ) LET me now closely examine the question whether the Legislature by 5. 14 (1) (b) of the Act has provided as to how the seniority of the petitioner should be counted when they are absorbent in Govt service. S. 14, (1) (b) provides that all primary school teachers and other persons as were employed by such Municipal Councils or Panchayats immediately before the appointed day for purposes of primary education shall, a from the appointed day, become employees of the State Govt and shall, until other provision is made, receive the salary and allowances and be subject to the conditions of service to which they were, entitled immediately before the appointed day. The material words in the section are that "all primary school teachers and other persons shall as from the appointed day, become employees of the State Govt. . . . . "the effect of this provision is that irom 10th Seip 1969, the Services of all primary school teachers stood transferred along with their posts from the local authorities to the State Govt. Consequent^ the petitioners along with their posits stopd absorbed in Govt service lather in th,eir own,posts or in the eorres ponding posts. Thus the posts held by them became; Governmental posts and they became Govt servants without any alteration in the nature of their duties. Consequent^ the petitioners along with their posits stopd absorbed in Govt service lather in th,eir own,posts or in the eorres ponding posts. Thus the posts held by them became; Governmental posts and they became Govt servants without any alteration in the nature of their duties. In these circumstances, unless otherwise -expressly stated in the Act, the petitioners must be held to have the benefit of their, antecedent service for Bunting their seniority. It seems to me, that shat that dent service for counting their seniority. It seems to me, that that appears to be the Legislative intent. ( 9 ) MY view finds confirmation from the observation erf a Bench decision of this Court in Khasi Khurshid Ahmed v. Union of India, (1969) 1 Myslj. 415. In that case, the Rajpramukh of Hyderabad made an order to take over the entire unit of the Scheduled Castes Trust Fund, which was a private institution and placing it under the control of the Director of Social Service dept with a direction that the staff of the Trust Fund shall be treated as Govt servants. The question arose whether those employees were entitled to count their antecedent service for the purpose of seniority. This court answered the question in the affirmative by observing thus ;"the metaning of the words 'shall b treated as Govt servants occurring in the G. O. means, that the posts held by these employees of the Trust Fund should be regarded aa Governmental posts for all purposes, and. . . . . . In our opinion, the clear meaning of the G. O. is that the service rendered in the Trust Fund should be treated as part of the service rendered under the Government. " ( 10 ) THE question next to be considered is whether the impugned rules are contrary to the Act. For immediate, reference, the Rules are set out below : "government OF KARNATAKA karnataka Govt Secretariat, Vidhana Soudhfl, no. ED 130 PMS 74 Bangalore dt. 4/15-5-1974. NOTIFICATION in exercise of the powers canfeffred by the proviso to Art. 309 of the Constn" of India, Governor of Karnataka hereby makes the following rules, namely : 1. Tine and commencement.-These, rules may be called the karnataka Municipal Elementary School Teachers (Absorption in the karnataka Education Dept Services) (Dept of Public Instruction) rules, 1974. 2. 4/15-5-1974. NOTIFICATION in exercise of the powers canfeffred by the proviso to Art. 309 of the Constn" of India, Governor of Karnataka hereby makes the following rules, namely : 1. Tine and commencement.-These, rules may be called the karnataka Municipal Elementary School Teachers (Absorption in the karnataka Education Dept Services) (Dept of Public Instruction) rules, 1974. 2. The shall come into force: on the date of their publication in the Official Gazette,. 3. Absorption of the Municipal Elementary School Teachers in state Civil Services.-Notwithstanding anything contained in the, karnataka Education Dept Services (Dept of Public Instruction (Recruitment) Rules, 1967 and the Karnataka State Civil Services (General Recruitment) Rules, 1957, the persons mentioned in Col (2) of the Schedule below who ware holding under the iormer Municipal council of Bellary and South Kanara Dist the posts mentionqd. in column (3) shall be deemed to have been absorbed with effect from the 1st day of Nov, 1969, in the category of posits in the. Karnataka education Dept Services (Dept of Public Instruction) mentioned in the correspodning entries in column (4) thereof. 4. Leave, Pension, Seniority of Persons absorbed.-The services rendered under the. former Municipal Council by the persons mentioned in Col (2) shall 'notwithstanding anything contained in any other rules, be taken into consideration for determining the leave and pension of such persons and shall not be iaken into consdieration for determination of their seniority. 5. Application of other rules.-The provisions contained in the karnataka Civil Services Rules, the Karnataanda, Civil Services (Conduct) rules, 1966, and all other rules regulating the conditions of servise of Govt servants made under the proviso to Art. 309 off the Constn of India which are applicable to other Govt servants should in so far as they are not inconsistent with the provisions of these, rules, be applicable, to persons absorbed under these rules. ( 11 ) THE Rules provide that the petitioners and other teachers holding posts, under tba former Municipal Councils of Bellary apd S. Kanara Dists shall be deemed to have been absorbed in the Govt service, with effect from 1st Nov, 1969. Their antecedent service is directed to be counted for the purpose of leave and pension, but not for seniority. The Rules to the extent they deny the petitioners their service prior to 1st Nov, 1989 for counting the seniority is therefore contrary to S. 14 (1) (b) of the Act. Their antecedent service is directed to be counted for the purpose of leave and pension, but not for seniority. The Rules to the extent they deny the petitioners their service prior to 1st Nov, 1989 for counting the seniority is therefore contrary to S. 14 (1) (b) of the Act. ( 12 ) I shall now turn to the challenge made to the Rules on the ground that they are violative of Arts. 14 and 16, Constn. It was urged that by the impugned Rules, the petitioners have been discriminated by denying them their past service for determining the seniority while conferring like benefit to the teachers of the institutiqns taken over from the Bombay karnataka, Area. The contention, in my opinion, is well founded. The Act by S. 14 (1) (b) provides that all primary school teachers and other persons aa ware employed bv such Municipal Councils or Panchayats of the Bellary and S. Kanara Dists shall become employees of the State Govt; and by 3. 15 (3) (iii) provides that similar employees from the Bombay Karnataka Area shall become employees of the State Govt from the appointed day. Though the Legislature has made thesei two, provisions, it was intended to cover similar employees and to absorb them in equivalent op common cadre of the educational Dept. When once they have been absorbed as Govt servants in the same cadre, they shall not be subjected to, discriminatory treatment by the State contrary to the protection guaranteed to them under Art, 16 (1) constn The matters relating to employment guaranteed under Art. 16 (1) of the Constn extend also to the matter of fixation of seniority for purposes of promotion. It also includes all matters in relation to emplayment, both prior end subsequent. The teachers from Bombay Karnataka Area, abscorbed under S. 15 (3) (iii) of the Act have been given the benifit of their entire service for the purpose of seniority, a fact which has not been denied before me. That being the position, the denial of such benefit to the petitioners, would be opposed to tjie rights guaranteed to them under Art. 16 (1) of the Constitution. That being the position, the denial of such benefit to the petitioners, would be opposed to tjie rights guaranteed to them under Art. 16 (1) of the Constitution. ( 13 ) MR Narayan, the learned High Court Govt Pleader submitted that if the petitioners are held to be juniors in the) promotional cadre after taking into consideration their antecedent service for the purpose of seniority, liberty may be, reserved to the authorities to- revert them, if need be, to accommodate the candidates selected by the Public Service Com? mission. It is needless to point out that respondents have always got that liberty if the reversion of the petitioners is necessitated for want of posts. ( 14 ) IN the result, rules issued in these petitions are made absolute. A writ in the, nature of mandamus shall issue against the respondensts tor f irbear from giving effect to the impugned rules so far as they deny the petitioners their service prior to 1st Nov. 1969 for determining the seniority and also to forbear from giving effect to the impugned orders of reversion. The petitioners shall get their costs. Advocate's fee Rs. 100 One set. --- *** --- .