ORDER In this application under Article 226 of the Constitution of India two notifications being nos. 727 L. Ref. dated 21st July, 1988 being Annexure 'C' to the writ petition and 729 L. Ref. dated 21st July, 1988 being Annexure 'P' to the writ petition have been challenged. 2. The matter was hotly contested both by the petitioners and the State Government and rather longish arguments were made by both the parties. 3. The main thrust of the argument for the petitioners is that the Junior Land Reforms Officers are sought to be shunted out of their cadre without their consent and such an action on the part of the Government is devoid of any effect in law. 4. The main thrust of the argument of the respondents seems to be that such Junior Land Reforms Officers have not at all been shunted out of their cadre which the learned Advocate General in his usual fairness submits, cannot be done, but such officers are given a new nomenclature but not necessarily the designation of "Revenue Officers" under an integrated scheme of land reforms. The learned Advocate General contends with great force and more or less successfully that it is the executive flat of the Government to create, constitute or abolish any service or cadre and incumbents belonging to such service or cadre have no say in the matter. 5. Both the parties more or less agree to the basic and broad propositions of law viz., that a Government Servant cannot be transferred or shunted out of the cadre without his consent as also that the Government has unrestricted power to create, constitute or abolish any service or cadre even to the detriment of the incumbents concerned as basically Government service is not a contract but a status. 6. 6. The main question revolves round the facts as to whether by the orders impugned in the writ petition, the petitioners have really been shunted or transferred out of their cadre of Junior Land Reforms Officers in the service known as West Bengal Subordinate Land Revenue Service (Grade-I) and as to whether the creation of the posts of 'Revenue Officers' by Government notification No. 49-L-Ref/File No. SE-50/83 dated 18th February, 1989 which is Annexure 'C' to the affidavit-in-opposition filed by the State Respondents, creates altogether a new service and/or cadre or whether it is part and parcel of the West Bengal Subordinate Land Revenue Service (Grade-I) itself. 7. The learned Advocate General takes a preliminary objection to the effect that the instant application is not maintainable, inter alia, inasmuch as some of the petitioners in this writ application have also moved previously a writ application which is pending decision in this court in C.R. No. 3744(W) of 1985 in which the similar scheme has already been challenged and there cannot be two rules against the similar schemes obtained by substantially the same petitioners and in such a case the subsequent writ petition would be hit by the principle analogues to s. 10 of the Code of Civil Procedure. The learned Advocate General further argues that in such cases there is always an apprehension of conflicting decisions leading to judicial anarchy and chaos. The learned Advocate General further submits that as the notifications impugned in the present writ petition were issued pursuant to the leave granted by the Court in Civil Rule No. 3744(W) of 1985, the same cannot be challenged. 8. It may be noted here that when the earlier rule being C.R. No. 3744(W) of 1985 was moved the orders impugned in the present writ petition did not see the light of the day although the impugned orders may be said to relate to the scheme challenged in the earlier Civil Rule. Secondly, any notification and/or order subsequent to the issuance of the earlier rule can always be challenged being a fresh and separate cause of action irrespective of the fate of the earlier rule. 9. Secondly, any notification and/or order subsequent to the issuance of the earlier rule can always be challenged being a fresh and separate cause of action irrespective of the fate of the earlier rule. 9. Thirdly, merely because, the orders impugned in the instant writ petition were issued pursuant to the liberty granted by this Court in C.R. No. 3744(W) of 1985, that by itself does not make the notifications impugned in the present petition, any the less justiciable. Justiciability of an order or notifications depends not on the blessings of a Court but on the intrinsic merit of the same. 10. In the circumstances, after giving my anxious consideration to the preliminary objection raised by the learned Advocate General I am of the opinion that the present petition is maintainable in law. Whether the impugned notification can he sustained in law or not are entirely different matters which have to be gone into on the merits of the rival contentions made by the parties to the proceedings. 11. It is interesting to note that many of the notifications referred to in the writ petition and in the affidavit-in-opposition are of a hybrid type, the first part being the constitution of some service under the executive rights exercised by the Government whereas the second part of the notifications deals with the recruitment rules promulgated under the proviso to Article 309 of the Constitution of India. The first part of the notifications, though justiciable have no colour of having any legal consequences, but the recruitment rules framed under the second part of the notifications have statutory force and confer statutory status on the subjects of such rules. The first part of the notifications can be altered by the Government by passing appropriate Government orders but rights conferred under the rules framed under the proviso to Article 309 of the Constitution of India cannot be altered without amending the rules themselves again under such proviso of Article 309 of the Constitution. 12. It has also been contended by Mr. Saktinath Mukherjee appearing for the petitioners that by the impugned notifications and the scheme of reorganisation not only the nomenclature of the positions of the petitioners are sought to be altered but their position, power, rank, status and responsibilities conferred upon them have been sought to be taken away and their status have been sought to be reduced which cannot be done in law. 13. Although it is more or loss conceded by Mr. Mukherjee that the Government has inherent power to frame or reframe any scheme of organisation or reorganisation in the exercise of its executive powers yet in the process of such reorganisation and reframing of the scheme, legal rights vested on Government servants cannot be taken away by exercise of such executive flat without taking recourse to the procedure established by law which, according to Mr. Mukherjee, has exactly been ought to be done. 14. Bereft of verbiage the facts leading to the present petition are as follows : 15. In 1958 the Zamindari system of land tenure was abolished with the enactment of the West Bengal Estates Acquisition Act of 1953. 16. Pursuant to the aforesaid enactment and in order to implement and regulate the administration of the land reforms and collection of Land Revenue, the Governor of West Bengal was pleased to frame rules under the proviso to Article 309 of the Constitution of India for creation of the post of Junior Land Reforms Officers by a notification dated 7th August, 1954 a copy of which has been annexed to the writ petition marked with the letter 'A'. 17. The said recruitment rule was amended by another notification dated 4th January, 1957 wherein it was stated, inter alia, that the District Kanungo and Revenue Officer were to be selected for appointment to the post of Junior Land Reforms Officer. A copy of the said notification had also been annexed to the writ petition marked with the letter 'B'. 18. From the aforesaid notification dated 4th January, 1957 it appears that the post of Revenue Officer was treated as feeder post for the promotional post of Junior Land Reforms Officer. 19. That by a notification dated 8th September, 1967 the Government of West Bengal was pleased to constitute the West Bengal Subordinate Land Revenue Service (Grade-I). By the same notification certain rules for recruitment to the said service were made in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India. A copy of the said notification has also been annexed to the writ petition marked with the letter 'C'. In Rule 6 of the said recruitment rules of 1967, the qualifications for promotion into the said service have been laid down. A copy of the said notification has also been annexed to the writ petition marked with the letter 'C'. In Rule 6 of the said recruitment rules of 1967, the qualifications for promotion into the said service have been laid down. It appears from the said Rule 6 that Circle Inspector, Kanungo (Grade-II) and Zilladars who have served for at least 5 years shall be eligible for promotion. 20. That by another notification dated 10th June, 1968, the Government was pleased to state that the West Bengal Subordinate Land Revenue Service (Grade-I) had been constituted with the idea of combining of the posts in the cadre, indicated in the said notification under the Land and Land Revenue Department, Board of Revenue, West Bengal into one service. In the list there are various categories of officers beginning from Settlement Kanungo (Grade-I) and ending with Settlement Kanungo, Land Acquisition Kanungo and Junior Land Reforms Officers and deputation to other departments. In Serial no. (iii) the names of Junior Land Reforms Officers appear. From this its is apparent that the post of Junior Land Reforms Officers forms a cadre in the service called the West Bengal Subordinate Land Revenue Service (Grade I). A copy of the said notification has been annexed to the writ petition marked with the letter 'D'. Paragraph 6 of the said notification provides that the officers on their absorption in the new service would continue to draw their existing basic pay in the scale of Rs. 300-40-400 and that they would draw their next increment on the date on which such increment would have fallen due had they not been absorbed in the service so constituted. 21. In the circumstances, it is pertinent to mention that there may be different cadre in a service and both service and cadre have been defined specifically in the West Bengal Service Rules (Part-I) 22. In Sub-Rule 4 of Rule 5 "West Bengal State Service" has been defined to mean those services and posts under the administrative control of the Government which have been classified as Class-I, Class-II, Class-III and Class-IV services. 23. Sub-Rule 6 of Rule 5 defines a cadre to mean the strength of a service or part of a service sanctioned as a separate unit. 24. 23. Sub-Rule 6 of Rule 5 defines a cadre to mean the strength of a service or part of a service sanctioned as a separate unit. 24. It is interesting to note that in the notification dated 8th September, 1967 the post of Revenue Officers are conspicuous by their absence excepting that in Serial no. 4 there is mention of Revenue Officer (Loans). From this it may be assumed that in the newly constituted service of West Bengal Subordinate Land Revenue Service (Grade-I), there is no cadre of Revenue Officers simpliciter. 25. That on or about 23rd March, 1972 a purported scheme of reorganisation of land reform circle was envisaged by the Secretary Government of West Bengal, Board of Revenue, West Bengal Section-A GE Branch. A copy of the said memorandum has been annexed to the writ petition marked with the letter 'E'. In paragraph 2C of the aforesaid memorandum it is provided that the Junior Land Reforms Officers will be assisted by a Circle Inspector in his work relating to Land Management and Reforms, Maintenance and Records etc. and by Assistant Revenue Officers (Loans) in their work relating to the collection of land reform cesses, water rates, lands etc. 26. Paragraph 2E of the aforesaid memorandum provides that each land reforms circle would have the following permanent staff and at the head or list of such staff is placed the Junior Land Reforms Officer. It appears from the said paragraph 2E that the Junior Land Reforms Officer is the Head of Land Reforms Circle and under him there are other officers including Circle Inspectors, Assistant Revenue Officers Loans, Clerk-in-charge, Lower Division Clerk, Amins and Class-IV staff. 27. It is significant to note that even in accordance with this memorandum the Junior Land Reforms Officer is treated as the Head of the office and in charge of the activities of the other officers who would discharge their functions under the direction and control of the Junior Land Revenue Officer. 28. By another memorandum dated 7th May, 1980 the Special Secretary. Board of Revenue and Welfare, West Bengal stated that the sanction of the Board was accorded to the conversion of temporary posts of Junior Land Revenue Officers, and Circle Inspectors into permanent case on the existing scales of pay and other allowances with effect from 25th June, 1979. 28. By another memorandum dated 7th May, 1980 the Special Secretary. Board of Revenue and Welfare, West Bengal stated that the sanction of the Board was accorded to the conversion of temporary posts of Junior Land Revenue Officers, and Circle Inspectors into permanent case on the existing scales of pay and other allowances with effect from 25th June, 1979. By this memorandum 369 temporary posts of Junior Land Reforms Officers in the scale of pay Rs. 300-10-420-15-500 with the higher initial start at Rs. 330/- was made permanent. 29. This notification points to the direction that the Junior Land Reforms Officers held permanent posts in the cadre of Junior Land Reforms Officer in the service called the West Bengal Subordinate Land Revenue Service (Grade-I). A copy of the said notification dated 7th May, 1980 has been annexed to the writ petition marked with the letter 'F', By another notification dated 17th December, 1982 in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor was pleased to make amendments in the rules regulating the recruitment to the West Bengal Subordinate Land Revenue Service (Grade-I) by amending and/or substituting Rule 3 thereof by the following rule viz., substituted Rule, three methods of recruitments : (a) By direct recruitment on the results of the W.B.C.S. (Ex) Examination (Group-C) held by the Public Service Commission, West Bengal : (b) -----------------------" 30. From this it appears that by the aforesaid notification dated 17th December, 1982, a copy of which has been annexed to the writ petition marked with the letter 'C', West Bengal Subordinate Land Revenue Service (Grade I) was placed in Group-C of the West Bengal Civil Service (Ex). 31. In paras 11 and 12 of the writ petition the petitioners have described the details of powers, functions, responsibilities etc. of the Junior Land Reforms Officers as conferred on them by the Government of West Bengal by framing different rules, Acts, notifications, circulars and Government orders. The said paragraphs state that such Junior Land Reforms Officers discharge, function, more or less of the Deputy Magistrate, Deputy Collector, members belonging to the West Bengal Civil Service (Ex). In paragraph 12 of the writ petition the details of works performed by the Junior Land Reforms Officers have been given. The said paragraphs state that such Junior Land Reforms Officers discharge, function, more or less of the Deputy Magistrate, Deputy Collector, members belonging to the West Bengal Civil Service (Ex). In paragraph 12 of the writ petition the details of works performed by the Junior Land Reforms Officers have been given. From the said paragraph it appears that the Junior Land Reforms Officers are Office Masters of independent office and the management and administration of such office is coterminous with the jurisdiction of Community Development Block, that under a Junior Land Reforms Officer at least 50 staff on average work, to wit, Circle Inspectors (Land Reforms), Assistant Revenue Officers, Upper Division Clerks, Assistants, Clerk-in-charge, Lower Division Assistants, Circle Amins, Chainmen, Process Servers, Group-D staff, Bhumi Sahayak/Tahasilders etc. It has been stated in the said paragraph that the Junior Land Reforms Officers are custodians of the Government Khas and vested lands, Khasmohal lands and interest therein etc. Such Junior Land Reforms Officers also hold courts, maintain cash books, rent receipts and are in-charge of collections of all Government money due in respect of unlimited amounts and various other dues and in fact they discharge the functions of Civil Courts and various other functions including the functions of Certificate Officers under the Bengal Public Demands Recovery Act 1913, Bhagchas Officer under the West Bengal Land Reforms Act 1955, under ss. 15 to 20 of the West Bengal Land Reforms Act 1955, Barga determination under ss. 18(2) and 19(b) thereof and the Competent Authority under ss. 20B, 15A, 16(4) etc. of the said Act, the said Junior Land Reforms Officers are also the prescribed authorities as Mutation Officers under s. 50 of the said Act and Special Officers under the West Bengal Restoration of Alienated Land Act 1973. These Officers are also competent authorities under s. 21(4) of the Mines and Mineral (Regulation and Development) Act 1957 etc. 32. The statements made in paragraphs 11 and 12 of the writ petition have not been denied at all in paragraph 8 of the affidavit-in-opposition filed by the said respondents. Paragraph 8 of the affidavit-in-opposition merely states that the existing functions of Junior Land Reforms Officers and all Settlement Kanungos (Grade-I) will be discharged by the Revenue Officers in the integrated set up at block level. Paragraph 8 of the affidavit-in-opposition merely states that the existing functions of Junior Land Reforms Officers and all Settlement Kanungos (Grade-I) will be discharged by the Revenue Officers in the integrated set up at block level. The said paragraph does not state that the Junior Land Reforms Officer shall remain the Office Boss and/or the Head of Office. 33. By memorandum dated 7th April, 1984 the Member, Board of Revenue, West Bengal and Ex-officio Secretary to the Government of West Bengal, Land Reforms Department inter alia communicated the gist of introduction of the integrated set up of Land Reforms administration in the State. A copy of the memorandum dated 7th April, 1984 has been annexed to the writ petition marked with the letter 'L', The said memorandum states, inter alia, that the proposed set up was under the active consideration of the Government and that formal Government order would be issued. 34. Against the memorandum no. 4205 dated 25th November, 1983 which is Annexure ‘K’ to this writ petition and memorandum no. 1020 ESTT dated 7th April, 1984 which is Annexure 'L' to this writ petition, the petitioners moved an application under Article 226 of the Constitution of India and obtained a rule and order of injunction. The said rule being C.R. No. 3744 (W)/1985 is still pending before this Court. In the said writ petition it was, inter alia, prayed that the memo dated 25th February, 1985 purporting to abolish the permanent posts of Junior Land Reforms Officers be quashed and that the Junior Land Reforms Officers be not transferred to any other posts which was not within the Cadre of W.B.C.S. (Ex) Group-A and/or to any other temporary posts. 35. By a notification dated 18th February, 1989, which was published in the Official Gazette dated 23rd May, 1989, long after the instant rule was issued, certain posts of Revenue Officers were sanctioned in exercise of the executive powers of the Government in pursuance of the scheme envisaged in memoranda no. 727-L. Ref. dated 21st July, 1988 being Annexure 'O' to the writ petition. 36. In paragraph 2 of the said notification dated 18th February, 1989 it has been provided that the Governor is pleased to accord sanction to the creation of 1093 permanent posts of Revenue Officers in the scale of pay Rs. 727-L. Ref. dated 21st July, 1988 being Annexure 'O' to the writ petition. 36. In paragraph 2 of the said notification dated 18th February, 1989 it has been provided that the Governor is pleased to accord sanction to the creation of 1093 permanent posts of Revenue Officers in the scale of pay Rs. 425-15-470-20-570-25-820-30-910-35-1050 in block level Land and Land Reforms Officers in lieu of 724 existing posts of Kanungo (Grade-I) and 369 existing posts of Junior Land Reforms Officers. 37. Simultaneously, with the creation and sanction of the aforesaid posts of Revenue Officers, the Governor was also pleased, in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, to frame the rules of recruitment to the post of Revenue Officers created by and under the said notification. Rule 1 of the said recruitment rules provides that the post of Revenue Officers created shall be filled up by appointment of the members of the Subordinate Land Revenue Service (Grade-I), who are presently holding the post of Kanungo or the post of Junior Land Reforms Officers, Rule (ii) of the said recruitment rules provides that on appointment of a member of the West Bengal Subordinate Land Revenue Service (Grade-I) to the post of Revenue Officers created by the aforesaid notification dated 18th February, 1989, post of Kanungo (Grade-I) or the Junior Land Reforms Officers as the case may be presently held by him simultaneously stands abolished. Rule (iii) of the said recruitment rules provides that the members of the West Bengal Subordinate Land Revenue Service (Grade-I) presently holding the post of Kanungo (Grade-I) or Junior Land Reforms Officers, shall on appointment to the post of Revenue Officers created by the aforesaid notification continue to enjoy the same benefit in respect of their pay scale, seniority, status, rank and promotional prospects as are, or as may be, admissible to them as Kanungo (Grade-I) or as Junior Land Reforms Officers being member of the West Bengal Subordinate Land Revenue Service (Grade-I). 38. 38. It is very interesting to note that paragraph 2 of the aforesaid notification dated 18th February, 1989 which is Annexure 'C' to the affidavit-in-opposition does not state that the post of Revenue Officers created by the aforesaid notification form a part and parcel of West Bengal Land Subordinate Revenue Service, (Grade-I), It is undoubtedly true that the Government in exercise of its executive fiat can create or sanction the creation of posts, service or cadre but in the instant case, in the West Bengal Subordinate Land Revenue Service (Grade-I), there is no post of Revenue Officers and as such the creation of the post of Revenue Officers do not form a cadre within the West Bengal Subordinate Land Revenue Service (Grade-I). Even if it is assumed that the post of Revenue Officers form a cadre in the West Bengal Subordinate Laud Revenue Service (Grade-I) still then the difficulties will not be solved because in that case it would amount to transfer of the Junior Land Reforms Officers from the cadre of Junior Land Reforms Officer to the cadre of Revenue Officers which is not permissible. 39. If this proposition is correct then the rules of recruitment framed under the proviso to Article 309 of the Constitution of India providing for appointment to the said post of Revenue Officers by appointment of the members of the West Bengal Subordinate Land Revenue Service (Grade-I) would amount to treating the post of Junior Land Reforms Officers as subordinate to the post of Revenue Officers created by the said recruitment rules. If the post of Revenue Officers is treated as a promotional post, to the posts of Junior Land Reforms Officers even then the Junior Land Revenue Service (Grade-I) cannot be compulsorily shunted out of their cadre of such Junior Land Reforms Officers in the service of West Bengal Subordinate Land Revenue Service (Grade-I) without their consent. It is not necessary to discuss the cases cited at the Bar on the point that a person cannot be transferred out of his cadre without his consent because this proposition qua a proposition has been admitted by the learned Advocate General as a matter of principle. Under Rule (ii) the posts of the Junior Land Reforms Officers are sought to be abolished altogether. 40. Rule (iii) of the recruitment rules assuring all equivalence of pay, rank, status etc. Under Rule (ii) the posts of the Junior Land Reforms Officers are sought to be abolished altogether. 40. Rule (iii) of the recruitment rules assuring all equivalence of pay, rank, status etc. eloquently points out to the fact that the posts are not the same or that the posts do not belong either to the same service or to the same cadre. 41. The declaration or assurances of equivalence bears testimony to the fact that apart from such assurances the posts are not otherwise equivalent. If the posts are not equivalent or if the posts do not belong to the same cadre then the Junior Land Reforms Officers cannot be shunted out of their cadre without their consent. 42. It is significant to note here that the original rules of recruitment relating to the West Bengal Subordinate Land Revenue Service (Grade I) has not even been sought to be amended either by incorporating the post of Revenue Officers therein or by deleting therefrom the post of Junior Land Reforms Officers and/or Settlement Kanungos etc. The notification dated 18th February, 1989 renders the original rules of recruitment inapplicable to the cases of Circle Inspectors (Grade II) who cannot be promoted to the post of Revenue Officers as per the original recruitment rules and in fact they have no chance of promotion at all because of the said notification. 43. It appears from the aforesaid notification that the post of Revenue Officers is not a cadre post for it is neither included in the West Bengal Civil Service (Ex) Group-A or Group B nor in the West Bengal Subordinate Land Revenue Service (Grade I). Therefore the posts of Revenue Officer is outside the cadre and the State respondents cannot shunt the Junior Land Reforms Officer outside the cadre. 44. The Hon'ble Supreme Court in the case of Mithila University v, Dayanand Jha, 1985(2) SLR 657 held that the status and position of the Principal apart from the privileges that he enjoys is not the same with the status and position of a reader or lecturer. It was stated in the said case that equivalence of the pay scale is not the only factor in judging whether the posts are really equivalent posts. The test to adopt is whether the positions are regarded as having equal status and responsibility attaching to the two posts. It was stated in the said case that equivalence of the pay scale is not the only factor in judging whether the posts are really equivalent posts. The test to adopt is whether the positions are regarded as having equal status and responsibility attaching to the two posts. In the instant case the status of Junior Land Reforms Officers are not the same as the status of Revenue Officers as envisaged in the two memoranda impugned in the application read with notification dated 18th February, 1989 which is Annexure 'C' to the affidavit-in-opposition. It may be recalled here that the powers, functions, authorities and jurisdiction of the Junior Land Reforms Officers have been laid down elaborately in paragraphs 11 and 12 of the writ petition which have not even been denied in the affidavit-in-opposition in paragraph 8. It may be further be recalled that the powers, functions, jurisdiction and authority of the Revenue Officers are not coterminous with those of the Junior Land Reforms Officers. The Junior Land Reforms Officers ceases to be Head of the office if they are transferred to the post of Revenue Officers and many of their functions and powers would be cut off and they will be denuded of their functions and powers which they have been exercising so long as a member of the West Bengal Subordinate Land Revenue Service (Grade I). 45. The mere declaration of equivalence without adopting the same in actuality smacks of non-equivalence in reality and the Junior Land Reforms Officers are in effect sought to be stripped off their powers, functions and jurisdiction. Mere monetary equivalence is a poor substitute for the equivalence of the status and rank. 46. It may be noted here that instead of scanning and analysing the two notifications dated 21st July, 1988 which are being Annexures ‘O’ and ‘P’ to the writ petition which have been impugned I have dwelt more on the notification dated 18th February, 1989 which is Annexure 'C' to the affidavit-in-opposition. I have so done because the annexure impugned are merely the expressions of pious aspirations of the Government but such aspirations were sought to be given a stamp of legality by the notification dated 18th February, 1939. I have so done aha because of the fact that the mere expressions of aspirations though may be condemned, cannot be set aside as they entail no legal consequences as such. I have so done aha because of the fact that the mere expressions of aspirations though may be condemned, cannot be set aside as they entail no legal consequences as such. When the thoughts and aspirations are translated into actions which have been done in the notification dated 18th February, 1989 being Annexure 'C' to the affidavit-in-opposition, then the said culminating point can be struck down. 47. I further make it clear once again that the Government has every right to formulate any scheme as it thinks fit for the greatest good of the greatest number but in the matter of implementation of such a scheme the Government is not permitted to infringe any legal right of any Government servant at least so long as the constitution of the Subordinate Land Revenue Service (Grade-I) continues and so long as the relevant recruitment are not scrapped or suitably amended the position of Junior Land Reforms Officers who form a separate and distinct cadre in the said service cannot be altered to their prejudice without their consent nor can they be transferred outside their cadre without their consent. 48. It may be noted that the notification dated 18th February, 1989 which is Annexure 'C' to the affidavit-in-opposition is inextricably connected with the memoranda impugned in the writ application being Annexures ‘G’ and ‘P’ thereof, the said impugned memoranda have to be quashed for reasons stated hereinbefore although normally, as I have already observed, formulation of a scheme made by the Government is ipso facto not justiciable. For the reasons stated above the said notification dated 18th February, 1989 is also quashed and set aside in so far as it seeks to change the status of the Junior Land Reforms Officers. 49. In the circumstances, this application succeeds. Both the memoranda being no. 727-L. Ref. dated 21st July 1988 being Annexure 'O' and no. 729-L Ref. dated 21st July, 1988 being Annexure 'P' to the writ petition also the notification dated 18th February, 1989 being Annexure 'C' to the affidavit-in-opposition are quashed and set aside. There will be no order as to costs. 50. I shall be failing in my duty if I do not acknowledge with gratitude the very able argument made by both Mr. Saktinath Mukherjee and the learned Advocate General. The notifications dated 21st July 1988 and notification dated 18th February 1989 quashed.