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1963 Supreme(Guj) 48

K.T.DESAI, BHAGWATI, A.R.BAKSHI
A. J. Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates:
V. B. Patel Assisted by J. C. Patel, for Applicants; J. M. Thakore, Advocate General with M. G. Doshit, Bhaishankar Kanga and Girdharlal, Addl. Govt. Pleader, (for No. 1); K. M. Chhaya, (for No. 3); J. R. Nanavati, (for Nos. 4 to 141) (added parties) C. K. Daftari, Attorney General for India, with B. R. Sompura, for Union of India Respondent No. 2 served.

Judgement

DESAI, C.J. :- (with him Bakshi, J.) This Special civil application raises important' questions of law relating to the construction of some of the provisions of the States Reorganisation Act, 1956. There has been a divergence of opinion between the State Government on the one hand and the Central Government on the other, and divergent views have been held at different times. The petitioners are persons employed in the subordinate Secretariat service of the Government of' the State of Gujarat. Prior to the reorganisation Act of the State of Bombay on 1st November 1956, they were employed in the subordinate secretariat service of the existing State of Bombay. They have prayed for the issue of a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction to restrain the State of Gujarat, its agents and servants from implementing the resolution dated 1st April 1960, passed by the Government of the former State of Bombay whereunder an alteration had been made in the previous resolution dated 25th October 1957 passed by the Government of Bombay in connection with the equation of pests for the purpose of integrating the services of vario























































































































































































































































































































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