Gujarat High Court
K. T. DESAI,BHAGWATI,A. R. BAKSHI
A.J. Patel - Appellant
Versus
State of Gujarat - Respondent
Special Civil Appln. No. 989 of 1960
Decided On : 04/18/1963
States Reorganisation Act, 1956 - Construction of some of the provisions - 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 – Held, It is manifest from those documents that even the State Government did not regard the determination of equation of posts and issuance of absorption and seniority orders made by it as amounting to integration of the services but merely treated it as provisional integration of the service which could be finalised only after the directions of the Central Government were obtained. The Central Government did not at any time until 5th February 1960 when it gave the direction complained of to the State Government to accept the equation of posts and absorption and seniority orders issued by the State Government or give its approval to the same and integration of the services was, therefore, not complete at the hands of the Central Government as set out in the preceding paragraph and the Central Government was entitled to give the impugned direction to the State Government in regard to integration of the service personnel referred to in the letter dated 5th February 1960. If the Central Government had the power to give such direction, as I hold it had, it is apparent that the State Government was bound to comply with such direction and if in compliance with such direction the State Government passed the resolution dated 1st April 1960 the validity of such resolution obviously cannot be assailed with any success – Petition dismissed
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 various personnel allotted to the State of Bombay on the reorganisation of the State of Bombay on 1st November 1956. They have also prayed for a declaration that the revised seniority list prepared in pursuance of the aforesaid resolution of 1st April 1960 was inoperative or that the same be quashed. They have also prayed that an appropriate writ, order or direction may be issued so that the seniority as determined under the resolution of the Government of Bombay, dated 25th October 1957 may not be disturbed. The first respondent to the petition is the State of Gujarat. Respondents 2 to 141 are persons in the subordinate secretariat service of the State of Gujarat who were employed in the subordinate secretariat service of the State of Saurashtra prior to the reorganisation of the State of Bombay on 1st November 1956. As the questions involved in the petition related to the construction of the provisions of the States Reorganisation Act, 1956, and the powers of the Central Government under same of its provisions, notice was given to the Attorney General who has intervened and addressed the Court and produced various documents relevant to the matter which have been tendered in evidence on behalf of respondents 4 to 141.
2. The States Reorganisation Act, 1956, came into force on 31st August 1956. By reason of the provisions contained in the said Act, there were certain territories added to the State of Andhra and to the State of Madras. Under the provisions therein contained, several new Part A States were brought into existence, namely, the State of Kerala, the State of Mysore, the State of Bombay, the State of Madhya Pradesh, the State of Rajasthan and the State of Punjab. Under the provisions of the said Act, a new centrally administrative Part C State known as the Laccadive, Minicoy and Amindivi Islands was also brought into being. We are in the present petition concerned with the new Part A State of Bombay brought into being by virtue of the provisions of Section 8 of the said Act. The said section provides as under :
'8. (1) As from the appointed day, there shall be formed a new Part A State to be known as the State of Bombay comprising the following territories, namely :
(a) the territories of the existing State of Bombay, excluding :
(i) Bijapur, Dharwar and Kanara districts and Belgaum district except Chandgad taluka, and
(ii) Abu Road taluka of Banaskantha district;
(b) Aurangabad, Parbhani, Bhir, and Osmanabad districts, Ahmadpur, Nilanga and Udgir talukas of Bidar district, Nanded district (except Bichokonda and Jukkal circles of Deglur taluk and "Mudhol Bhiansa and Kuber circles of Mudhol taluk) and Islapur circle of Boath taluk, Kinwat taluk and Rajura Taluk of Adilabad district, in the existing State of Hyderabad.;
(c) Buldana, Akola, Amravati, Yeot
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