Judgment

GAJENDRAGADKAR, G.J.I. : This petition which has been filed by the petitioner S. Gurdev Singh Sidhu under Art. 32 of the Constitution, challenges the validity of Article 9 (1) of the Pepsu Services Regulations, Volume I, as amended by the Governor of Punjab by the notification issued by him on the 19th January, 1960 in exercise of the powers conferred on him by the proviso to Article 309 of the Constitution and all other powers enabling him in that behalf. The petitioner s contention is that the said article contravenes the constitutional right guaranteed to the persons employed in civil capacities either under the Union or the State, by Art. 316.

2. The petitioner was appointed as Assistant Superintendent of Police in the erstwhile Patiala State by His Highness, Maharaja Adhiraj of Patiala on the 4th of February, 1942. The conditions of his service were governed by the Patiala State Service Regulations which had been issued by the Ruler of Patiala State who was at the relevant time the sovereign legislature of the State. Later, the petitioner was confirmed in the rank on the occurrence of a regular vacancy after he had undergone practical district training course in Punjab