Y.S.TAMBE, V.M.TARKUNDE
Joshi W. W. – Appellant
Versus
State of Bombay – Respondent
1. An important question of law arises out of a preliminary objection raised on behalf of the State of Bombay. The preliminary objection raised relates to the maintainability of the petition against the present State of Bombay. This decision will govern the preliminary objection raised in three cases, viz., Miscellaneous Petition No. 523 of 1956, Miscellaneous Petition No. 470 of 1956 and Special Civil Application No. 73 of 1957. The consideration of this question turns on the interpretation of Ss. 87, 88 and 116 of the State Reorganization Act, 1956, Act XXXVII of 1956, hereinafter called the Act.
2. The case in general that falls for our consideration is that petitioners before us were the services of the former State of Madhya Pradesh. Their services were terminated by the orders of the Government of the then State of Madhya Pradesh prior to the date the Act came into force. Two of the petitioners were serving on the date of termination of their service in the territories which how form part of the State of Bombay. Two of the petitioners had challenged the orders of their dismissal by petitioners under Arts. 226 and 227 of the Constitution before the then High Court of
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