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1978 Supreme(SC) 257

A. P. SEN, A. D. KOSHAL, Y. V. CHANDRACHUD, R. S. SARKARIA, N. L. UNTWALIA
Chief Justice of A. P. etc. – Appellant
Versus
L. V. A. Dikshitulus etc. – Respondent


Advocates:
A.SUBBA RAO, C.NARAYANA REDDY, G.N.Rao, L.N.Sinha, P.P.SINGH, P.RAM REDDY, P.T.V.S.Narasimhachari, URMILA SIRUR, VEPA P.SARATHI

Judgment

SARKARIA, J.:- This judgment will not only dispose of this Appeal (C. A. 2826 of 1977) but also furnish reasons in support of our short order dated August 4, 1978, by which we allowed Civil Appeal No. 278 of 1978.

2. Both these Appeals raise a common question with regard to the interpretation, scope and impact of Article 371-D on Articles 226, 229 and 235 of the Constitution.

3. In Civil Appeal 2826 of 1977, appellant 1 is the Chief Justice and appellant 2 is the High Court of Andhra Pradesh represented by the Registrar of that Court. Respondent 1, Shri L. V. A. Dikshitulu is a former employee of the High Court whose premature retirmeent is in question. Respondents 2 and 3 are the Government, and the Accountant General, respectively, of Andhra Pradesh.

4. Respondent 1 was a permanent employee of the former Hyderabad High Court prior to November 1, 1956. He was confirmed in the post of Chief Superintendent on the establishment of that High Court on October 6, 1956. At the time of his confirmation, he was serving on deputation, with the concurrence of the Chief Justice of the Hyderabad High Court, as Junior Law Officer in the Ministry of Law, Government of India. In March 1965,


























































































































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