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1980 Supreme(SC) 394

A. D. KOSHAL, S. MURTAZA FAZAL ALI, Y. V. CHANDRACHUD
V. B. Raju – Appellant
Versus
Union Of India – Respondent


Advocates:
A.Subhashini, J.L.Nain, M.M.ABDUL KHADER, V.B.RAJU

JUDGMENT

KOSHAL, J.:— This is an appeal by certificate granted by the High Court of Gujarat under Article 133 (1) (c) of the Constitution of India and is directed against its judgment dated 29th June, 1970 dismissing a petition under Article 226 of the Constitution in which the appellant, who began his career as a member of the Indian Civil Service and was ultimately appointed a High Court Judge, prayed for the issuance of appropriate writs to ensure that he was granted two pensions independently of each other, one in relation to his service as a High Court Judge and the other for the service rendered by him prior to his appointment as such.

2. The facts leading to the petition decided by the impugned judgment are not in dispute and may be shortly stated. On the 6th October, 1932 the appellant was appointed by the Secretary of State for India to the Indian Civil Service and was allotted to its Bombay cadre. On the 15th August, 1947, he was serving as a District Judge in the Province of Bombay and thereafter continued in service in accordance with the provisions of Section 10 (2) of the Indian Independence Act, 1947 (hereinafter referred to as the 1947 Act) and Article 314 of the Con






























































































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