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State of Sikkim Vs. Surendra Prasad Sharma and Others

Court : Supreme Court of India

Subject : ConstitutionService

Acts : Constitution of India - Articles 13, 14, 15, 16(3), 32, 33, 34, 35, 80, 81, 309, 368, 370 and 371F; Sikkim Government Establishment Rules, 1974 - Rule 4(4); Adaptation of Sikkim Laws (No. 1) Order, 1975; Sikkim Subjects Regulations, 1961 - Regulations 3 and 7; Indian Independence Act, 1947 - Articles 372(1) and 395; Government of India Act, 1935; Abolition of Privy Council Jurisdiction Act, 1949; Indian Citizenship Act, 1955 - Sections 7; States Reorganisation Act, 1956; Constitution 35th Amendment Act, 1974 - Articles 2A, 14, 15 and 16; Constitution (Thirty-Sixth Amendment) Act, 1975

Reported in : AIR1994SC2342; JT1994(3)SC372; (1994)IILLJ1220SC; 1994(2)SCALE609; (1994)5SCC282; [1994]3SCR563

Advocate for Respondent : Naryan B. Shetye, ; G.S. Chatterjee and ; Raja Chatterjee,

ORDERA.M. Ahmadi, J. 1. A short but interesting question arises in these appeals by special leave bearing on the true scope and meaning of Rule 4(4) of the Sikkim Government Establishment Rules, 1974, (hereinafter called 'the...