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1965 Supreme(Raj) 99

I.N.MODI, B.P.BERI
Mohan Lal – Appellant
Versus
State – Respondent


Advocates:
R.K. Rastogi, for Petitioner; M.C. Bhandari (for No. 2); A.R. Mehta, (for No. 1); B.D. Sharma (for No. 4) and C.M. Lodha (for No. 5), for Respondents.

Judgement

MODI, J.:- This is a writ petition under Articles 226 and 227 of the Constitution. The petitioner before us is one Mohanlal. He originally belonged to Electrical and Mechanical Department of the erstwhile State of Jodhpur, and at the time of its integration in the United State of Rajasthan in 1949 he substantively held the post of a Mains Foreman in the grade of Rs. 150-10-200-EB-12½-300 plus a Car Allowance of Rs. 50, - per mensem and remained to occupy the same post in the Electrical and Mechanical department of the new State. The petitioner continued to hold the said post until the Rajasthan State Electricity Board was constituted under the Electricity (Supply) Act of 1948 (Act No. 54 of 1948). Acting under Section 78A of the Act of 1948, a notification No. 13/OSD (Elec-Bd.)/57 dated the 12th February, 1958, was issued by the Governor by which the services of the Government employees of the Electrical and Mechanical Department excluding the Electrical Inspectorate were provisionally placed at the disposal of the Rajasthan Electricity Board with effect from the 1st July, 1957. By paragraph 2 of this notification the Board was required to permit each such Government emplo


































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