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1960 Supreme(MP) 359

N.M.GOLVALKER, K.L.PANDEY, P.V.DIXIT
COLONEL LAL RAMPAL SINGH – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
G.P.SINGH, M.ADHIKARI

DIXIT, C. J.

( 1 ) BY this application under Articles 226 and 227 of the Constitution of India, the petitioner prays that a writ of certiorari be issued for quashing an order of the Government of the former State of Vindhya Pradesh made in 1954 about the re-fixation of his pension and that a writ of mandamus be issued to the opponent Slate for payment to the petitioner of pension in accordance with an order dated the 3rd April 1948, of the Maharaja of Rewa, which was published in an extra-ordinary Gazette of that date.

( 2 ) WHEN this petition first came up for hearing before a Division Bench consisting of Bhutt, C. J. and Sharma, J. , the learned Judges felt some doubt about the correctness of the Division Bench decision of this Court in State of M. B. v. Behramji Dungaji and Co. , 1958 MPC 82: (AIR 1958 Madh-Pra 71) on which strong reliance was placed bv the petitioner. Accordingly they referred the case to a Full Bench for disposal.

( 3 ) THE material facts are that the petitioner Lal Rampal Singh entered the Rewa State service in 1922. He served in several departments. On 3rd April 1948 the Maharaja of Rewa passed an order permitting him to retire from that date on a full pensi














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