( 1 ) THESE three petitions raise a common question of law, and therefore, they shall stand disposed of by this common order. The facts as stated by the petitioners are theset The, petitioners were temporarily appointed as Typists by the Deputy Commr, Dharwar. Petitioner in WP. 1848 of 1974 was appointed on 16th July, 1964; petitioner in wp. 1849 of 1974 was appointed on 2nd Jan, 1960 and the petitioner in wp. 1850 of 1974 was appointed on 19th Aug 1963. The petitioners do not possess the qualifications prescribed for the post of Typist but for want of suitable, hands, they were, appointed as Typists in view of their having passed the junior typewriting examination. It is admitted that they have the qualifications prescribed for the post of Second Division Clerk. On 26th Sep, 1964, the Governor in exercise of his powers conferred by the proviso to Art. 309 of the Constn made the rules called 'the Karnataka civil Services (Typists and Junior Assts/second Divn Clerks) (Change of cadre) Rules, 1964 (which I shall refer shortly as 'the Change of Cadre rules')'. By these Rules, a Typist could change his cadre to that of Second divn Clerk and also vice versas. On 17th Aug, 1966, the. Governor in exercise, of his powers conferred by the proviso to Art, 309 of the Constn made another Rule called ' Karnataka State Civil Services (Recruitment of local Candidates to Class III Posts) Rules, 1966, providing procedure for regularising the services of local candidates. ( 2 ) IF the petitioners have got requisite qualifications to hold the post of typist their services would have been regularised, under the above Rules. But they could not get that benefit because admittedly they do not have the requisite qualifications prescribed for the post of Typist. Since they have the qualifications prescribed for the posit of Second Division Clerk, they requested the Deputy Commr to permit them to change their cadre of typist to that of 2nd Divn Clerks under the Change, of Cadre Rules, 1964. The deputy Commr did not make any order either rejecting or allowing their request. On one fine morning he issued a notice to the petitioners informing them that their services would be terminated after the regularly recruited candidates are made available by the Public Service; Commission or Departmental Recruitment Committee, Belgaum. The notice d/. The deputy Commr did not make any order either rejecting or allowing their request. On one fine morning he issued a notice to the petitioners informing them that their services would be terminated after the regularly recruited candidates are made available by the Public Service; Commission or Departmental Recruitment Committee, Belgaum. The notice d/. 29th april, 1974 issued to the petitioner in WP. 1848 of 1974 reads :" To sri M. V. Patil, Typist, block Development Officer's Office, Mandargi. You are working as a local candidate. Your services have not beep regularised under the Kamataka State Civil Services (Direct Recruitment to Class III Posts) (Special) Rules, 1966, 1970 and 1973 ). Your services are liable to be terminated with one month's notice under the above cited Rules. Please take notice that your services will be terminated immediately after the regularly recruited candidates are made available by the PSC Departmental Recruitment Committee, Belgaum. Sd/- A. A. Shetti, for Dy Commr, Dharwar. O. C. signed by the Dy Commr. " ( 3 ) SIMILAR notices have been issued to other two petitioners also. Challenging the validity of the said notices, the petitioners have moved this Court with applications under Art. 226. In the statement of objections filed on behalf of the respondent, the case of the petitioners has been resisted by stating thus : "it is submitted that only those persons who were regularly appointed as Typists were entitled to change the cadre to that of junior Assts Second Divn Clerks, provided they satisfy the conditions as laid down under the Change of Cadre Rules. As has been already stated, the petitioners were not regularly appointed as Typists and they did not have the necessary qualification for the post of Typist. In the absence of their requisite qualification for the post of Typist and in the absence of their being regularly recruited as Typists, they were not entitled to change their cadre to the cadre of Second Divn Clerk. " ( 4 ) IT is further stated :" It may be stated that Rule 2 of the Change of Cadre Rules has been amended in Notification No. GAD 2 SCR 72 d/12/13-3-1973. " ( 4 ) IT is further stated :" It may be stated that Rule 2 of the Change of Cadre Rules has been amended in Notification No. GAD 2 SCR 72 d/12/13-3-1973. As per thw amended rule, no person shall be eligible to change, the cadre unless he has put in not loss than 5 years service excluding the period of probation in the cadre of Typists i. e. , 5 years regular and probation period. It is therefore, clear that the petitioners were not entitled to have the cadre changed, inasmuch as they were purely local candidates pad they did not have necessary qualification, much less the period of service required for purpose of change of cadre. " ( 5 ) THE stand taken by the resp ndent proceeds on the premises that it is only regularly recruited candidates who could change their cadre of Typists to that of Second Divn Clerks cr vice versa and not local candidates like the petitioners. Tt is also the contention of the respondent that a typist who does not possess the required qualifications prescribed for the post of typist cannot change, his cadre to that of Second Divn Clerk though he possesses the qualifications prescribed for the post of Second Divn Clerk. Let me now examine the contention with reference to the Change of cadre Rules. The said Rules provide as follows :"1. Title:-These rules may be called the Mysore Civil Services (Typists and Junior Assts/second Divn Clerks) (Change of Cadre) rules, 1964. 2. Change of Cadre:-Notwithstanding anything in the rules of recruitment specially made in respect of any service. (1) a Typist possessing the qualification prescribed for the post of Junior Asst/second Divn Clerk may change his cadre to that of a junior Asst/second Divn Clerk as the case may be, and (ii) a Junior Asst/second Divn Clerk possessing the qualifications prescribed for the post of a Typist may change his cadre to that of a typist. Procedure:- (1) Persons desiring to change their cadre under rule 2 shall make, an application to the authority who appointed them requesting for the change of cadre. (2) On receipt of the application under sub-rule, (1) the appointing authority may if satisfied that the applicant is entitled to change the cadre pass orders granting the request. 4. Procedure:- (1) Persons desiring to change their cadre under rule 2 shall make, an application to the authority who appointed them requesting for the change of cadre. (2) On receipt of the application under sub-rule, (1) the appointing authority may if satisfied that the applicant is entitled to change the cadre pass orders granting the request. 4. Permission to be granted only once:-No Govt servant shall be permitted to change his cadre under Rule1 2 more than once. 5. Effect of Change of Cadre:-Notwithstanding anything contained in the Mysore Govt Servants Seniority Rules, 1957 or any other rules, the previous service rendered by petrsons permitted to change their cadre shall count for purpose of leave, pension and seniority. "rule 2 provides that notwithstanding anything in the Rules of Recruitment a Typist possessing the qualifications prescribed for the post of second Divn-Clerk may change his cadre to. that of Second Divn Clerk. The Ruls does not state that a Typist who has been regularly appointed and who has got the necessary qualifications to hold the post of Typist, may change his cadre to that of Second Divn Clerk if he possesses the qualifications prescribed for Second Divn Clerk. It is too much to read the statutory rule in that manner. If that was the intention of the rule making authority, it would not have been difficult to state so explicitly in the Rule itelf. The purpose of the Rule was to, confer benefit to Typists and Second divn Clerks to change their cadre notwithstanding anything in the Rules of Recruitment specially made in respect of those cadres. The only requirement to be satisfied before seeking a change of cadre is that one must possess the qualifications prescribed for the post to which he wants to be changed. The status of the person whether he is local candidate, regularly recruited candidate or permanent candidate is immaterial. ( 6 ) FOR the respondent, reliance was placed on Rule 5 of the Change of cadre Rules in support of the contention that permanent or regularly recruited persons alone could invoke the provisions of the said Rules. There is nothing in the said Rule 5 either. All that Rule 5 provides is that the previous service rendered by persons permitted to change thier cadre shall count for purposes of leave, pension and seniority. There is nothing in the said Rule 5 either. All that Rule 5 provides is that the previous service rendered by persons permitted to change thier cadre shall count for purposes of leave, pension and seniority. The antecedent service of a person who is permitted to change his cadre will count for seniority and other purposes if that service was available for such benefits before the person changed his cadre. It means that there should be continuity in service. But if the provio,us service was not available for determining the seniority of a person who changed his cadre, he shall not be entitled to count that service for the purpose of his seniority after changing his cadre. That appears to be the scope and meaning of Rule 5. It is wellknown that local service of a candidate shall not count for seniority, and if such candidate is permitted to change his cadre, he cannot gain any advantage, in seniority. His position shall remain the same. He is not entitled to count his local service, for seniority under Rule 5 of the Change of Cadre Rules. ( 7 ) I shall now proceed to consider whether the amendment to Rule 2 made on 12th/13th March, 1973, has altered in any way the original scope and meaning of the Change of Cadre Rules. The amendment reads as follows :" 2. Amendment of Rule 2-After Rule 2 of the Mysore Civil Services (Typists and Junior Asst/second Divn Clerks) (Change of Cadre) rules, 1964, the following proviso shall be inserted, namejly:-'provided that no person shall be eligble to change his cadre unless he has put in not less than five years of service excluding the period of probation in the cadre of Typists or as the case may be Junior Asst/second Divn clerks. "before I examine the scope of the above amendment it is necessary to state that the petitioners asked the Dy Commr to permit them to change cadre to that of Second Divn Clerks before the said amendment came into force. Their request was not rejected by the Deputy Commr, but it appears that the Govt turned down their request as seen from their letter d/. 24th feb, 1969, which is referred to in para 4 of the statement of objections. On that day Rule. Their request was not rejected by the Deputy Commr, but it appears that the Govt turned down their request as seen from their letter d/. 24th feb, 1969, which is referred to in para 4 of the statement of objections. On that day Rule. 2 of the Change of Cadre Rules, was not amemded, and therefore, it is doubtful whether the said amendment could affect the preexisting rights of the petitioners. ( 8 ) EVEN otherwise, the amendment, in my view, has not taken away the petitioners' right to change their cadre. The amendment provides that no person shall be eligible to change the cadre unless he has put in not less than 5 years of service, excluding the period of probation in the, cadre of typist or Second Divn Clerk. The amended rule does not state that a person shall be eligible to change his cadre only if he has put in not less than 5 years of regular service. The service mentioned under the proviso may be local service or regular service. It excludes only the period of probation. It does not exclude the local service rendered by a person who seeks to change his cadre. The petitioners were appointed either in 1960 or in 1963 or in 1964. They have to their credit more than 5 years of service as required by the amended rule. The amendment, therefore, is no impediment for permitting them to change their cadre. ( 9 ) THE next, question for consideration is, whether the petitioners are entitled to, have their services regularised under the Karnataka State, Civil services (Appointment of Local Candidates to Class III Posts) Rules, 1966. There is no difficulty for me in answering the question in favour of the petitioners. They are entitled to change their cadre to that of Second divn Clerks. After they change their cadre, they would be considered as second Divn Clerks in the status of local candidates. They possess the qualification prescribed for the post of Second Divn Clerk. The, above rules confer on them the right to have, their services regularised in the cadre of Second Division Clerks, as they undisputedly possess the necessary conditions set out therein. ( 10 ) IN the result, the Rules made absolute. They possess the qualification prescribed for the post of Second Divn Clerk. The, above rules confer on them the right to have, their services regularised in the cadre of Second Division Clerks, as they undisputedly possess the necessary conditions set out therein. ( 10 ) IN the result, the Rules made absolute. A writ in the nature of mandamus shall issue in each of these petitions against the respondent to forbear from giving effect to the impugned noticei with a further direction to consider the request of the petitioners to change their cadre to that of Second Divn Clerks under Rule 3 (2) of the Change of Cadre Rules, 1964, in the light of the observations made and to take further steps to regularise their services in the cadre of Second Divn Clerks according to the Karnataka State Civil Services (Appointment of Local Candidates to class III Posts) Rules, 1966. In the circumstances, I make no order as to costs. --- *** --- .