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1988 Supreme(SC) 680

M.M.DUTT, S.NATARAJAN
S. S. Karmalkar: S. D. Joshi: State Of Maharashtra – Appellant
Versus
Ibrahim Husseni Tamboli: S. D. Pakhare: Ibrahim Husseni Tamboli – Respondent


Advocates:
A.B.LAL, A.G.PAVAR, A.S.BHASME, R.K.GARG, S.B.Bhasme, S.K.AGNIHOTRI, SUNIL JAIN, V.M.TARKUNDE, V.N.GANPULE, Vijay Hansaria

JUDGMENT

DUTT, J. :— Special leave is granted in all these matters. Heard learned counsel for the parties.

2. The principal question that is involved in these appeals is somewhat peculiar. The question is whether the Food and Civil Supplies Department, Sholapur, has a separate and independent existence or whether it is part and parcel of the Revenue Department. The best authority which can answer the question is the Government, but the Civil Courts and the High Court have not been able to accept the Government version that the Food and Civil Supplies Department, Sholapur, is an independent Government Department and does not form part of the Revenue Department. The facts leading to the question will be stated presently.

3. The Commissioner of Pune Divisions by his order dated January 27, 1981, granted promotions to the appellants to the posts of Awal Karkuns, and directed that the private respondents herein, who were holding these posts would be repatriated to their parent department, that is, the Revenue Department. Aggrieved by the said order of the Commissioner, Pune Division, some of the private respondents filed a civil suit for a declaration that the said order granting out of





















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