Judgment :- 1. Same questions arise for decision in these Original Petitions and Writ Appeals. So we are disposing of them by a common judgment. 2. The bare facts necessary for the disposal of these matters are as follows: Petitioners in these Original Petitions and appellants in the Writ Appeals entered service as Bill Collectors/ Panchayat Assistants. They were appointed as Head Clerks after 1968 and before 1-4-1977. Some of them had, during the above period got promotion as Managers. The Government amended sub¬rule.3 of R.3 of Kerala Panchayats (Common Service) Rules, 1977, by notification dated 15-3-1980. By this amendment, notes 1 and 2 were added to sub-rule 3. They are: "Note (1) For the purpose of preparing the combined gradation lists, as required under sub-rule (3), persons holding the post of Panchayat Assistant Grade I and Grade II and Head Clerks before the 1st April, 1977, shall be treated as in one cadre. Total service as Panchayat Assistant Grade II shall be counted for reckoning the seniority. Note (2) Persons appointed as Panchayat Assistant Grade II. Panchayat Assistant Grade I and the Head Clerks on and after the 1st April, 1977, shall be treated as in different categories and their seniority list shall be prepared separately." By this amendment persons who became head clerks before 1-4-1977 were treated as in the category of Panchayat Assistant and toe seniority was fixed on the basis of the length of service in that cadre. This amendment is under challenge in all these proceedings. 3. The Kerala Panchayats (Common Service) Rules, 1977 came into force on 1-4-1977. By that the regular full time employees of the Panchayats other than Executive Officers and those paid from contingencies were constituted into a common service for each district. Prior to these rules, each Panchayat was treated as a separate unit as far as conditions of service of the employees are concerned. As per staff pattern that was prevalent in the Panchayats prior to the coming into force of the "common service", there was no post of Head Clerk. The Kerala Panchayats (Establishment) Rules, 1967, was in force till 1-4-1977. the day on which the Common Service Rules were brought into force. The said Establishment Rules did not recognise any post of Head Clerk in a Panchayat. The Kerala Panchayats (Establishment) Rules, 1967, was in force till 1-4-1977. the day on which the Common Service Rules were brought into force. The said Establishment Rules did not recognise any post of Head Clerk in a Panchayat. While the Kerala Panchayats (Establishment) Rules, 1967, was in force, the State created the post of Head Clerks in certain Panchayats by upgrading one post of Panchayat Assistant. GO (MS) 499/68/DD. dated 6-11-1968 is the first order by which the post of Head Clerk was created in some of the Panchayats. The operative portion of that order reads: "Government have examined the question in detail and they are pleased to sanction the posts of Head Clerks on the scale of pay of Rs. 120-230 in all the Special Grade Panchayats in the State viz., Punalur. Munnar Thodupuzha, Kothamangalam, Kalamassery, Varapuzha, Chalakkudy, Shorannur, Trichur, Kanhangad. and Baliapattam Panchayats and also in the three 1st grade Panchayats viz., Ponnani, Kollengode and Payyannur. The senior most Panchayat Assistant in the concerned Panchayats will be reduced when introducing the post of Head Clerks No establishment grant will be given for this purpose; the entire additional expenditure on this will be met by the concerned Panchayats " By this order it is evident that the seniormost Panchayat Assistant's post in the concerned Panchayat was re-designated as Head Clerk by upgrading the existing post of Panchayat Assistant. This was done only in the Panchayats named therein. There were representations from the employees of Panchayats to have the post of Head Clerks in second grade Panchayats as well. Consequently the Government by G.O. (MS) 189/69/DD. dated 2-6-1969. ordered: "Any second grade Panchayat which is in need of the service of Head Clerk may propose the creation of a post of Head Clerk by upgrading the existing post of Panchayat Assistant provided it can afford to meet the additional expenditure in this regard from its own funds." The proposal was to be sanctioned by the Director of Panchayats, taking into consideration the financial position of the Panchayat as well. It was further directed that the post of Head Clerks should be filled up only by Panchayat Assistants who have put in not less than 10 years of service. The promotion was stated to be provisional subject to revision when the Panchayat Common Service is constituted. 4. It was further directed that the post of Head Clerks should be filled up only by Panchayat Assistants who have put in not less than 10 years of service. The promotion was stated to be provisional subject to revision when the Panchayat Common Service is constituted. 4. By notification dated 27-6-1967, the Director of Panchayats fixed the qualifications for the post of Head Clerks. Pass in Account Test (Lower) and Panchayat Test was made obligatory. Exemption from passing the test for a period of two years was also granted. Panchayat Assistants who got appointments as Head Clerks had their salary fixed under R.28A of Part.1, Kerala Service Rules. The Audit Wing objected to such fixation. This was challenged before this court in OP No. 2663 of 1975. Balakrishna Eradi, J. (as he then was) by judgment dated 25-8-1975, dismissed the original petition holding that the post of Head Clerk was not a promotion post. According to his Lordship to attract R.28A, Part.1, KSR an officer holding a post in a substantive, temporary or officiating capacity should have been promoted or appointed in a substantive, temporary or officiating capacity to another post carrying a higher time-scale of pay. This requirement was not satisfied in the case of Head Clerks because according to His Lordship the Head Clerks have not been promoted from their original post to another post carrying higher time-scale of pay. What happened was that the posts which they were occupying were upgraded as posts of "Head Clerks". It was further observed: "The fact that the designation of the existing post of Panchayat Assistant was altered as Head Clerk while upgrading the said post will not help the petitioners to contend that they have been promoted from their original post to another post carrying a higher time scale of pay." Even before this, the Government by GO (MS) 190/74/LS & SWD dated 5-7-1974, ordered: "The post of Head Clerk in all Panchayats is not exactly a promotion post, but only the upgradation of the post of Panchayat Assistants. There is, therefore, no point in insisting upon the Head Clerks in Panchayats passing the test since the same is not insisted upon in the case of Panchayat Assistants and 2nd grade Executive Officers. The Head Clerk in Panchayats are also having the same scale of pay of 2nd grade Executive Officers and are working under the Executive Officers. There is, therefore, no point in insisting upon the Head Clerks in Panchayats passing the test since the same is not insisted upon in the case of Panchayat Assistants and 2nd grade Executive Officers. The Head Clerk in Panchayats are also having the same scale of pay of 2nd grade Executive Officers and are working under the Executive Officers. Government are therefore pleased to order that the Head Clerk of Panchayats can hold their posts without test qualifications, that is, Account Test (Lower) and Panchayat Tests." 5. Under the Panchayats Common Service Rules, for facilitating the implementation of common service to the members of the staff in the Panchayat, the District Panchayat Officers were to prepare the combined gradation list of persons holding each category of post for each district under his control. Accordingly the District Panchayat Officers prepared the gradation list of persons holding each category of post in the district. While preparing the gradation list of Head Clerks, the District Panchayat Officers took the date of appointment of Head Clerks as the criteria for determining the seniority under R.3(3) of the Kerala Panchayats (Common Service) Rules, 1977. On the basis of this seniority list of Head Clerks, promotions were ordered against vacancies in. the higher cadre of Managers. The seniority list of Head Clerks thus prepared were questioned before this court. They objected to the preparation of the list accepting the date of appointment as Head Clerk as the criterion for determining the seniority. It was contended before this court that the post of Head Clerk was not a separate category and, therefore, the seniority has to he assigned on the basis of the total length of service as Panchayat Assistants and Head Clerks. The challenge was upheld, by this court in Writ Appeal Nos. 35 and 49 of 1979, Eventhough the decision in these appeals were doubted and the matter was referred to another Bench in OP Nos. 1844 and 2294 of 1977, the Division Bench which heard them concurred with the earlier view in the decision reported in George v. State of Kerala (1980 KLT 49). In order to comply with the direction contained in the judgment reported in 1980 KLT. 49. it became necessary to amend sub-rule 3 of R.3 of Kerala Panchayats (Common Service) Rules, 1977, by adding the note. The amendment was thus introduced by GO. (MS) 131/80/LS and SWD dated 11-6-1980. In order to comply with the direction contained in the judgment reported in 1980 KLT. 49. it became necessary to amend sub-rule 3 of R.3 of Kerala Panchayats (Common Service) Rules, 1977, by adding the note. The amendment was thus introduced by GO. (MS) 131/80/LS and SWD dated 11-6-1980. Consequent to this amendment, the District Panchayat Officers were directed to prepare the revised seniority list of Head Clerks as on 1-4-1977, the date on which the Common Service Rules came into force, depending on their total length of service in the categories of Panchayat Assistants Grade I and IT and Head Clerks. From 1-4-1977 onwards the Panchayat Assistants Grade I and II and Head Clerks as on 31-3-1977 was drawn up on the basis of the total length of service in all the above posts. Based on such list the senior-most among them have been assigned the vacancies of Head Clerks. Thus the seniority list of Head Clerks as on 1-4-1977 was prepared. On the basis of that list promotions made to the category of Managers have been reviewed by the District Panchayat Officers, assigning vacancies of Managers to the senior-post Head Clerks. While so doing it was found that persons like the petitioners and appellants who were provisionally promoted as Managers are found not entitled to continue as Managers and that persons senior to them, according to the revised seniority list, have to be given promotion as Manager. As a result of this process, the petitioners and appellants have been reverted from the post of Managers. 6. Writ Appeal Nos. 199, 200, 203, 204, and 206 of 1981 arise out of the decisions in OP Nos. 2453, 2450, 2543,2511 and 2182 of 1980 respectively. The questions involved in these Writ Appeals are the same as those in the Original Petitions. 7. Petitioners and appellants contend that the posting given to them as Head Clerks to a promotion post and that the seniority must be fixed on the basis of the length of service in that post. This argument can bold good only if it is established that the post of Head Clerk, prior to the coming into force of the Kerala Panchayats (Common Service) Rules, was a higher post than that of the Panchayat Assistant. This argument can bold good only if it is established that the post of Head Clerk, prior to the coming into force of the Kerala Panchayats (Common Service) Rules, was a higher post than that of the Panchayat Assistant. As stated earlier, prior to 1-4-1977, each Panchayat was treated as a separate unit as far as the conditions of service of its employees are concerned. As per the staff pattern, which was in existence prior to the coming into force of Kerala Panchayats (Common Service) Rules, 1977, there was no post of Head Clerks The Kerala Panchayats (Establishment) Rules, 1967, which was in force till 1-4-1977. did not recognise any post of Head Clerk in a Panchayat. It was when the Kerala Panchayats (Establishment) Rules were in force the Government created the post of Head Clerks in certain Special Grade Panchayats, by upgrading one post of Panchayat Assistant. That creation did not alter the staff pattern, that was in existence. The orders creating the post of Head Clerks specifically provided that the creation of the post is by reducing the number of posts of Panchayat Assistants by one. In other words; the senior-most Panchayat Assistant was not promoted from his original post to another post carrying higher time-scale of pay. What happened was that the post held by the senior most Panchayat Assistant was upgraded as that of Head Clerk. The re-designation of the post of senior most Panchayat Assistant as Head Clerk cannot be treated as promotion to another post. Therefore, the seniormost Panchayat Assistant Grade I, who came to be known as Head Clerk continued in the same grade and in fixing his seniority the length of service in the grade of Panchayat Assistant Grade I and II should be taken into consideration. 8. Learned Counsel appearing for the petitioners and the appellants, by placing reliance on the decision in CC Padmanabhan and others v. Director of Public Instruction and others (AIR 1981 SC 64), contend that the posting given to the petitioners and appellants as Head Clerks has to be treated as promotion to higher grade or category. We do not find our way to agree with this submission. In the above said decision, Their Lordships were concerned with the posting given to High School Assistant as Assistant Educational Officer. We do not find our way to agree with this submission. In the above said decision, Their Lordships were concerned with the posting given to High School Assistant as Assistant Educational Officer. The posts of High School Assistants and Assistant Educational Officers were two separate posts recognised by the service rules. They carry different duties and responsibilities. Thus, it is clear that Their Lordships were concerned in that case with two different types of posts carrying different responsibilities and obligations. In the case before us the situation is entirely different. The senior most Panchayat Assistant was redesignated as Head Clerk. There was no change of duties or responsibilities. The mere fact that he has been given higher scale of pay will not make that re-designation a promotion. In this view, we do not find any reason to hold that the petitioners or appellants got promotion as Head Clerks. "It is evident that the decision in Padmanabhan's case (AIR 1981 SC 64) is distinguishable on facts. Counsel for the petitioners also contended that the earlier decisions of this Court, rendered in OP. No. 2663/75 and WA Nos. 35 and 49 of 1979, and the decision in George v. State of Kerala (1980 KLT 49) require reconsideration. We see no force in this plea either. We are informed at the Bar that the decision of this Court in WA No. 35 of 1979 was taken by way of Special Leave before the Supreme Court in SLP No. 7901 of 1979 and the same was dismissed. It is also worthwhile to note that the decisions taken in the aforesaid cases have not been dissented so far. All persons concerned must have in all these years acted on the basis of the aforesaid decisions. In this context, especially in the realm of service law, decisions rendered years ago and accepted and acted upon by all concerned should not be lightly interfered with or departed from. Even assuming that it may be possible to take another view, it should be stated, as observed by Hegde, J. delivering the judgment of the Supreme Court in CIT v. Balakrishna Malhotra (81 ITR 759 at p. 762): "Law is not a mere mental exercise", and it is not possible for us to ignore the barm that is likely to happen by unsettling the law that had been once settled. In this view of the matter also, we are of the view that the earlier decisions of this Court, aforesaid, do not require any reconsideration. 9. Learned Counsel appearing for the petitioners and appellants further argue that persons posted as Head Clerks prior to 1-4-1977 are treated differently as compared with Head Clerks promoted subsequent to 1-4-1977 in fixing their seniority by virtue of the note added to sub-rule 3 of R.3, Kerala Panchayats (Common Service) Rules, 1977. This, according to the learned Counsel, is violative of the provisions contained in Art.14 of the Constitution. We do not find any merit in this contention either. Only by the Panchayats (Common Service) Rules the post of Head Clerk was recognised in the common service. Prior to that each Panchayat was considered as a unit and the staff pattern did not provide for the post of Head Clerk. As stated earlier, prior to 1-4-1977, the post of Senior most Panchayat Assistant was redesignated as Head Clerk. By that re-designation be did not cease to be a Panchayat Assistant. In otherwords, even after the re-designation the senior most Panchayat Assistant continued to be in that category and the services put in by him in that category has alone to be reckoned for fixing the inter se seniority of Panchayat Assistants. The Note added to sub-rule 3 of R.3, Kerala Panchayats (Common Service) Rules, 1977, goes to recognise that principle alone. After the Common Service Rules, Head Clerks became another category. In fixing the inter se seniority of those Head Clerks, their service in that category is directed to be taken note of. This not at all discriminatory. Persons called Head Clerks of two different classes are treated differently. This will not amount to any discrimination. It is not in any way violative of the principles contained in Art.14 of the Constitution. In view of what has been stated above, we find no ground to interfere with the rule as amended by GO (MS) 131/80., dated 11-6-1980. It therefore follows that the Original Petitions and Writ Appeals have only to be dismissed and we do so. We make no order as to costs.