JUDGMENT - TAMBE, J. :

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., Misc. Petn. No. 523/56, Miscellaneous Petition No. 470/56 and Special Civil Application No. 73 of 1957. The consideration of this question turns on the interpretation of sections 87, 88 and 116 of the States Reorganisation Act, 1956, Act 37 of 1956, hereinafter called the Act.

(2) The case in general that falls for our consideration is that the petitioners before us were in the service 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 services in the territories which now form part of the State of Bombay. Two of the petitioners had challenged the orders of their dismissal by petitions under Arts. 226 and 227 of the Constitution before the then High Court of J

Click Here to Read the rest of this document