Court : Supreme Court of India
Reported in : AIR1986SC1455; (1987)1GLR70; 1986LabIC1454; 1986(1)SCALE1374; 1986Supp(1)SCC239; [1986]2SCR250
..... after the appointed day, the operation of the provisions of chapter i of part xiv of the constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of the state of maharashtra or gujarat : provided that the conditions of service applicable immediately before the appointed day to the case of any person provisionally or finally allotted to the state of maharashtra or gujarat under this section shall not be varied to his disadvantage ..... vacancies which occurred in the cadre of deputy collectors during period a in excess of their quota could alone gain seniority over the direct recruits in terms of the principle of the length of continuous officiating service and that those who were promoted to the posts of deputy collectors for being appointed to ex-cadre posts could not be said to be regularly appointed because their appointments were not in substantive vacancies ..... this period was that on october 31, 1961, the government sent a requisition for twelve october 31, 1961, the government sent a requisition for twelve posts of deputy collectors to the gujarat public service commission but the commission raised certain queries with regard to the qualification prescribed by clause (c) of rule 2 of the recruitment rules that the candidate should possess an adequate knowledge of marathi or ..... states reorganization act, 1956 (act ..... reorganisation has brought in its wake a host of problems mostly relating to those in services of the states .....
Tag this Judgment!Court : Delhi
Reported in : ILR1977Delhi517B
..... inter alia, in the context of the provisions of section 115 of the states reorganisation act, 1956. ..... was determined, initially in the year 1968, and thereafter not on the basis of the nature of their respective tenure or the dates of their respective confirmation but on the basis of their entire length of service in derogation of the principles id down in the december 59 memorandum by virtue of the provisions of the office memorandum of september 11, 1959, of the ministry of irrigation and power (for short, the ..... and should be liberally construed; that promotion was one of the matters which would be within the expression; and since seniority plays an important part in the matter of promotion, and has assumed a special significance in relation to the service under the state by virtue of the provision of article 16 of the constitution of india, rules relating to seniority would be likewise within the expression. ..... service of a public servant and the seniority plays an important part in the matter of promotion, it follows that the seniority could not be outside the expression 'conditions of service ..... a part of the annexure to the memorandum, which has been extracted above, is sufficiently mandatory in nature and leaves no doubt that the general principle incorporated in the memorandum were to be of universal application to all central services and civil posts in the matter of determination of seniority except those that are specifically excepted from the operation of the memorandum .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)ALLMR164; 2008(6)BomCR789; (2008)110BOMLR2621; 2009(2)MhLj56
..... in the later case, it was held by this court that the effect of sub-section (7) of section 115 of the states reorganisation act is to preserve the power of the state to make rules under article 309 of the constitution but the proviso imposes a limitation on the exercise of that power, the limitation being that the state cannot vary the conditions of service applicable immediately before november 1, 1956, to the disadvantage of persons mentioned in sub-sections (1) and (2) of section 115 of the act. ..... in such circumstances, the central rules which have been made pursuant to the constitutional provision referred to in chapter i of part xiv of the constitution of india, they cannot be said to be straight away inapplicable, the moment goa state is established or the goa reorganisation act is brought into effect or force. ..... it reads thus:nothing in this section shall be deemed to affect, on or after the appointed day, the operation of the provisions of chapter i of part xiv of the constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of the state of goa or the union: provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in sub-section (1) or subsection (2) shall not be varied to his disadvantage except with .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP136; (1959)ILLJ512MP
..... continued as a chief commissioner's province till the states reorganisation act was passed when it became a part of the present state of madhya pradesh. 4. ..... the contention of saxena is that he has been wrongly treated as a temporary or probationary, officer and that he was bound to be ab orbed in the service of the state under the orders of the president and that in any case he could not be removed from the post except in accordance with article 311 of the constitution. ..... issued abolishing the post or revising its terms; and (2) pending further orders, the incumbent of the posts shall also be deemed to have been appointed under proper authority, unless in any particular case the services of a person have been and/or are dispensed with in accordance with the procedure that may be/has been laid down in this regard. ..... the petitioner jagannath prasad saxena was serving as an assistant geologist in the vindhya pradesh state till 18th june 1956 when he received an order of the lieutenant governor, vindhya pradesh, terminating his services on payment of his salary for the period of notice admissible to him under the ..... they are that he must be defined to have been absorbed in the service of the state of vindhya pradesh under the president's order as a permanent servant of the state and that as such he was entitled to the protection of article 311 of the constitution after 26 ..... the order terminating his services was passed on 11-6-1956, six and half years after the question of integration arose .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1969Kant41; AIR1969Mys41; ILR1968KAR389; (1969)ILLJ273Kant; (1968)2MysLJ166
..... the states reorganization act of 1956, the respondents shall be deemed from 1 november, 1956 to have been duly appointed by the competent authority in the new state ..... , held that where the sub-inspector of police was appointed by the inspector-general of police of rajasthan and in consequence of reorganization of states, he was allotted to the state of madhya pradesh, he could be dismissed by the corresponding authority of that state; where he was dismissed by the deputy inspector-general of police who was appointed to hold charge of current duties of the inspector-general of police in addition to his own, it was held that as he was ..... the case of the respondents was that they has been appointed by the superintendent, road transport department of the erstwhile state of hyderabad (who will be hereinafter referred to as the superintendent), and the said superintendents was the head of ..... a police constable who was appointed by the deputy inspector-general of police of the erstwhile indore state, was continued in the service of madhya bharat state without any order of fresh appointment. ..... 311(1) of the constitution of india guarantees to them that they shall not be dismissed or removed from service by an authority subordinate to the authority who appointed them and, as the superintendent was the head of the road transport department, they could only be removed by the head of the mysore government ..... as to their competency to act as officers in an area which was no longer part of madras. .....
Tag this Judgment!Court : Karnataka
..... mahendra, learned counsel appearing on behalf of the mysore state road transport corporation, which will hereinafter be referred to as 'the corporation', has contended that after 1-11-1956, the respondents-conductors came over to the new mysore state and that as per section 116 of the states reorganisation act of 1956, the respondents shall be deemed from 1-11-1956 to have been duly appointed by the competent authority in the new state of mysore. ..... as under their service conditions, the respondents could only be removed by the head of the department, as per the guarantee given to them by sub-section (7) of section 115 of the states reorganisation act, the respondents cannot be removed by any person other than the head of the transport ..... contention of sri mahendra is that under section 116 of the states reorganisation act, the respondents are deemed to have been appointed by the competent authority in the new state of mysore, who is the divisional controller. ..... jagirdar also contends that sub-section (7) of section 115 of the states reorganisation act guarantees that the respondents' conditions of service shall not be varied to their disadvantage. ..... question might arise as to their competency to act as officers in an area which was no longer part of madras. ..... of 1964 (mys), the equivalent post to that of the superintendent of the road transport department of the erstwhile hyderabad state, in the mysore government road transport department, was that of the general manager, as part of art. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP223
..... purpose of this subsection a member of the madhya pradesh legislative assembly' shall include persons who become member of the legislative assembly of the new state of madhya pradesh by virtue of the provisions contained in section 28 of the states reorganisation act, 1956 (no. ..... period of four years, whether continuous or not) (i) as member of the council of states; or (ii) as a member of the house of the people; or (iii) partly as a member of the council of states and partly as a member of the house of the people; or (iv) as a member of the provisional parliament; or (v) partly as a member of the provisional parliament and - (a) partly as a member of the council of states and partly as a member of the house of the people, or (b) partly as a member of the council of states or partly as a member of the house of the people; (provided that where any person has ..... learned counsel submits that pension is for minimum period of service rendered by incumbent in government service or public institution but no minimum period has been prescribed in this act, learned counsel submits that the state assembly has exercised its power arbitrarily; therefore, it is liable ..... the word pension has been defined as under:'pension -- a periodical payment, as tribute, wages, an allowance of money as a bribe for future services, as a mark of favour, or in reward of one's own or another's merits an allowance to one who has retired or has been disabled or reached old age or has been widowed or orphaned, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC161; (1977)ILLJ294SC; (1976)4SCC412; [1977]1SCR827; 1977(1)SLJ17(SC); 1976(8)LC908(SC)
..... 1446 of 1967-decided on 16-10-1968) where this court had field, upon a concession by the attorney general, that a list prepared under section 115 of the states reorganisation act, 1956, (hereinafter referred to as 'the act'), was provisional. ..... the case now before us pertains to animal husbandry and veterinary services of the mysore state in which the petitioner was given, in the final integration list, a position to ..... however, gone through his petition and the affidavit filed in its support where, in paragraph 16, he states as follows :the mysore state civil service integration rules 1960 provide for filing objections only against the preliminary provisional inter-state seniority list and do not provide any provision for filing objections or appealing against the final inter-state seniority list as per annexure 'b'. ..... before us, the petitioner admits that the mysore state civil services integration rules provided for filing of objections against the preliminary provisional inter-state seniority list. ..... is apparent that the petitioner-respondent was claiming relief against the final inter-state seniority list although he was given due opportunity to object to the provisional ..... opportunity was furnished to the respondents with regard to these two matters we hold that the combined final gradation list dated april 6, 1962, so far as category 6 is concerned, is ultra vires and illegal and that part of the notification alone must be quashed by grant of a writ in the nature of certiorari. 8. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1959Bom363; (1959)61BOMLR829; ILR1959Bom1267
..... this question turns of the interpretation of sections 87, 88 and 116 of the states reorganisation act, 1956 act 37 of 1956 hereinafter called the act.2. ..... undoubtedly, therefore, the fact that the order of termination of service was made would form part of a cause of action, and it would arise at the place the ..... petitioner were serving on the date of termination of their services in the territories which now form part of the state of bombay. ..... the contention of all the petitioners that once they establish that orders for the termination of their services have been made it was sufficient to entitle them to claim relief at the hands of this ..... states merged into other states in their entirety, while some of the states got split and certain parts thereof merged into one state and other parts into another states ..... stated above it is clear that the petitioners' services stood terminated some time before 1-11-1956 ..... services were terminated by the orders, of the government of the then state of madhya pradesh prior to the date the act ..... the illegal and wrongful action of the then state of madhya pradesh in dismissing the petitioner from service was an actionable wrong within the meaning of section 88 of the act. ..... therefore, for a claim of this kind the cause of action would arise at a place where the order of termination of service was made & also at a place where its consequences fell on the servant. ..... that the tenure of service of a government servant does not form part of his contract of service. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC2089; (1975)IILLJ503SC; (1975)4SCC734; 1975(7)LC753(SC)
..... would - be remembered that under the states reorganisation act, 1956 the new state of bombay included not merely the pre- reorgnisation' state of bombay but also areas of kutch, marathwada from the old hyderabad state and the vidharba region from the old ..... state immediately before the appointed day,law is defined in that act in section (d) as follows :'law' includes any enactment, ordinance, regulation, order, bye-law, rule scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or in any part of the state of bombay; the memorandum of central government dated 11th may, 1967 was an approval in terms of the proviso to sub-section (7) of section 115 of the states reorganisation act ..... assume the previous approval of the central government as required by the proviso to section 115(7) and as the central government had given its approval to any alteration which the state government might wish to make in the conditions of service relating to departmental promotion they did not need to be protected, and held that the andhra rules and andhra pradesh rules regarding promotion did not contravene the proviso to section ..... in this section shall, be deemed to affect, after the appointed day the operation of the provision or the provisions of chapter i of part xiv of the constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of the state of maharashtra or gujarat. .....
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