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1967 Supreme(MP) 53

R.J.BHAVE, P.V.DIXIT
RAMCHANDRA KOTASTHANE – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent


Advocates Appeared:
A.P.SEN, G.M.CHAPHEKAR, K.K.DUBEY, R.K.Tankha

DIXIT, C. J.

( 1 ) THE petitioner in this case, who was in the service of the former Madhya Bharat state as District and Sessions Judge on 1st November 1956 when the new State of Madhya Pradesh comprising of the Madhya Bharat State came into existence, continued to serve in the State of Madhya Pradesh as District and Sessions-Judges till he retifed on 30th December 1960. His case is that when he was integrated and absorbed in the new State as District and Sessions Judge, he became entitled under the Madhya Pradesh Unification of Pay Scales and Fixation of Pay on absorption Rules, 1959 (hereinafter referred to as the Rules) to have his pay fixed according to the Indian Administrative Service Senior Scale and the pay rules governing the service according to the Government's Notification No. 356. 31029/ i-Integ. , published in the Gazette dated 7th October 1960; that the Unified scale of pay, namely, the L A. S. Senior Scale, was made applicable to all the district and Sessions Judges in the new State from 1st April 1958, and, therefore, from that date he was entitled to get his pay fixed in accordance with the principles laid down in Section 2 of Schedule 2 of the Indian Administrati










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