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1973 Supreme(SC) 224

A.ALAGIRISWAMI, D.G.PALEKAR
State Of Punjab – Appellant
Versus
S. P. Sharma: Harbant Singh – Respondent


Judgment

ALAGIRISWAMI, J.:- The question that arises in these two Appeals is the same as arose in the judgment of this Court in Shamsher Jang Shukla s case reported in AIR 1972 S.C. 1546. The respondents in these cases are officials of the Punjab Government, the history of whose services is the same as that of the persons whose cases were dealt with in that judgment. On the basis of that judgment these two appeals have to be dismissed. However, an application, CMP No. 103 of 1973, has been filed in C. A. No. 1678 of 1970 for amendment of the written statement and for urging additional grounds in the appeal. By that petition the appellant wants to contend that since post of Assistant, for which the passing of the examination which was struck down in the reported judgment was made a necessary qualification under the rules was newly created and there was no such post earlier there is no question of changing the service conditions of the respondent to his disadvantage, and S. 115 (7) of States Reorganisation Act, 1956 would, therefore, not apply. We consider that it is too late in the day to permit the appellant to amend its written statement and allow it to urge the additional grounds



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