CHANDRASHEKHAR, C. J. ( 1 ) THIS is an appeal from the order of rama Jois, J. , in W. P. No. 4614 of 1976. Respondent-1 in the Writ Petition the State of Karnataka, has presented this appeal. ( 2 ) RESPONDENTS 1 to 10 herein (hereinafter referred to as the petitioners) who were direct recruits to the posts of Assistants in the Karnataka government Secretariat, had presented w. P. No. 4614 of 1976 challenging the final Gradation List of Assistants in the Karnataka government Secretariat (hereinafter referred to as the Gradation List) set out in the official Memorandum No. GAD 173 AST. 75 dated 15-4-76 (produced as Ex-B in the writ petition ). They had prayed for quashing the Gradation List and also for issue of a mandamus directing the State government to determine the number of vacancies that arose every year from 1-11-56 till their (the petitioners) recruitment was made and to assign to the promotees and direct recruits the proportion fixed under the recruitment Rules and thereafter to prepare a fresh Gradation List. ( 3 ) THE learned single Judge allowed the writ petition and quashed the impugned Gradation List. He also issued a mandamus giving elaborate direction as to how the Final Gradation list of Assistants, should be prepared by the State Government. Feeling aggrieved by the order of the learned single Judge, the State of Karnataka has preferred this appeal. ( 4 ) BEFORE dealing with the rival contentions urged by the parties, it is necessary to set out the history of recruitment of Assistants in the karnataka Government Secretarial. ( 5 ) UNDER the proviso to Art. 309 of the Constitution, the Governor of karnataka framed Rules called the karnataka Secretariat Service Recruitment rules, 1957 (hereinafter referred to as the Rules) on 18-11-1957. Those Rules provided for recruitment to the cadre of Assistants in the state Government Secretariat, from two sources, i. e. , by direct recruitment and by promotion in the ratio of 66. 2 3 per cent and 33. 1/3 per cent respectively. By an amendment made to those Rules with effect from 12-3-62, such ratio was altered to 50 percent from each of these two sources and the modified ratio is in force even to-day. 2 3 per cent and 33. 1/3 per cent respectively. By an amendment made to those Rules with effect from 12-3-62, such ratio was altered to 50 percent from each of these two sources and the modified ratio is in force even to-day. ( 6 ) ON Re-organisation of States, a few officials allotted to the new State of Mysore (Kamataka), could not be fitted in any of the Departments of the State Government. Hence, they were temporarily taken to the secretariat and had been working there for a considerable time. A few officials who did not belong to the secretariat Service, had been working in the Secretariat for several years. Rules called the Karnataka secretariat Service (Absorption of Transferred Government Servants) rules, 1962 (hereinafter referred to as the Absorption Rules) were made under the proviso to Art. 309 of the constitution, for absorption of such non-Secretariat Officials in the State government Secretariat Service subject to the condition that their service in the cadres in which they were absorbed, should count for seniority only from 7-10-61. Those rules provided for absorption of 29 non-Secretariat officials in the cadre of assistants. But only 26 officials were actually absorbed as Assistants and they will hereinafter be referred to as absorbed Assistants. ( 7 ) FOR the first time after Reorganisation of States, a draft Gradation list (produced as Ex-A in the writ petition) of Assistants in the secretariat, was prepared and published under the Official Memorandum dated 12-11-71. After considering objections thereto and representations filed by the affected officials, the government prepared the Final gradation List of Assistants as on 1-7-75, issued it under its notification dated 27-3-76 and published it in the Official Gazette on 15. 4. 76. ( 8 ) FEELING aggrieved by the ranks assigned to them in the Final Gradation list, the petitioners challenged it in the petition out of which this appeal has arisen. Respondents 2. to 109 who were Assistants in the secretariat and had been placed above the petitioners in that List, remained ex parte in the writ petition. ( 9 ) THE State Government, respon- dent-1 in the writ petition, filed its statement of objections wherein it pleaded inter alia, thus: The basis for fixing the seniority of Assistants, was the date of appointment in the cases of direct recruits and the date of eligibility for promotion in the case sof pro- motees. ( 9 ) THE State Government, respon- dent-1 in the writ petition, filed its statement of objections wherein it pleaded inter alia, thus: The basis for fixing the seniority of Assistants, was the date of appointment in the cases of direct recruits and the date of eligibility for promotion in the case sof pro- motees. For purpose of applying the quotas for direct recruits and pro- motees, the block periods adopted were as follows: (i) From the date of commencement of the recruitment Rules up to the date on which the first batch of direct recruits were appointed (18-11- 1957 to 11-3-62 ). (ii) From the date of appointment of first batch of direct recruits to the date of appointment of the next batch of direct recruits (12-3-62 to 14-4-66), in the writ petition, the petitioners filed a memo containing, inter alia, a tabular statement setting out the number of vacancies in the cadre of Assistants, the number of persons promoted to that cadre and the number of persons directly recruited to that cadre and the alleged excess of promotion to that cadre during different periods,