A J PATEL AND ORS Vs. STATE OF GUJARAT AND ORS
LAWS(GJH)-1963-4-15
HIGH COURT OF GUJARAT
Decided on April 18,1963

A J Patel And Ors Appellant
VERSUS
State Of Gujarat And Ors Respondents

JUDGEMENT

- (1.) This special civil application raises important questions of law relating to the construction of some of the provisions of the States Reorganisation Act, 1956. There has been a divergence of opinion between the State Government on the one hand and the Central Government on the other, and divergent views have been held at different times. The petitioners are persons employed in the subordinate secretariat service of the Government of the State of Gujarat. Prior to the reorganisation of the State of Bombay on 1st November 1956, they were employed in the subordinate secretariat service of the existing State of Bombay. They have prayed for the issue of a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction to restrain the State of Gujarat, its agents and servants from implementing the resolution dated 1st April 1960,passed by the Government of the former State of Bombay where under an alteration had been made in the previous resolution dated 25th October 1957 passed by the Government of Bombay in connection with the equation of posts for the purpose of integrating the services of various personnel allotted in the State of Bombay on the reorganisation of the State of Bombay on 1st November 1956. They have also prayed for a declaration that the revised seniority list prepared in pursuance of the aforesaid resolution of 1st April 1960 was inoperative or that the same be quashed. They have also prayed that an appropriate writ, order or direction may be issued so that the seniority as determined under the resolution of the Government of Bombay, dated 25th October 1957 may not be disturbed. The first respondent to the petition is the State of Gujarat. Respondents 2 to141 are persons in the subordinate secretariat service of the State of Gujarat who were employed in the subordinate secretariat service of the State of Saurashtra prior to the reorganisation of the State of Bombay on 1st November 1956. As the questions involved in the petition related to the constructions of the provisions of the States Reorganisation Act, 1956 and the powers of the Central Government under some of its provisions, notice was given to the Attorney General who has intervened and addressed the Court and produced various documents relevant to the matter which have been tendered in evidence on behalf of respondents 4 to 141.
(2.) The States Reorganisation Act, 1956, came into force on 31st August 1956. By reason of the provisions contained in the said Act, there were certain territories added to the State of Andhra and to the State of Madras. Under the provisions therein contained, several new Part A States were brought into existence, namely, the State of Kerala, the State of Mysore, the State of Bombay, the State of Madhya Pradesh, the State of Rajasthan and the State of Punjab. Under the provisions of the said Act, a new centrally administrative Part C State known as the Laccadive, Minicoy and Amindivi Islands was also brought into being. We are in the present position concerned with the new Part A State of Bombay brought into being by virtue of the provisions of Section 8 of the said Act. The said section provides as under: '8. I. As from the appointed day, there shall be formed a new Part A State to be knows as the State of Bombay comprising of the following territories, namely: a. the territories of the existing State of Bombay, excluding : i. Bijapur, Dharwar and Kanara districts and Belgaum districts except Chandgad taluka, and ii. Abu Road taluka of Banaskantha district; b. Aurangabad,Parbhani, Bhir, and Osmanabad districts, Ahmadpur,Nilanga and Idgir talukas of Bidar district, Nanded district except Bichokonda and Jukkal circles of Deglur taluk and Mudhoi Bhiana and Kuber circles of Mudhoi taluk.and Islapur circle Boath taluk, Kinwat taluk and Rajpura Taluk of Adilabad district, in the existing State of Hyderabad; c. Buldana, Akola Amravati, Yeotmal, Wardha, Nagpur, Bhandara and chanda districts in the existing State of Madhya Pradesh; d. The territories of the existing State of Saurashtra and e. The territories of the existing State of Kutch; And thereupon the said territories shall cease to form part of the existing States of Bombay, Hyderabad, Madhya Pradesh, Saurashtra and Kutch respectively. * * * * * * * * * * * By reason of the aforesaid provisions, all the territories of the existing Part B State of Saurashtra, all the territories of the existing centrally administered Part C State of Kutch, most of the territories of the pre-existing State of Bombay, part of the territories of the State of Hyderabad and part of the territories of the State of Madhya Pradesh, were brought together so as to constitute a new Part A State to be known as the State of Bombay. After dealing with various matters relating to representation in the legislatures, the High Courts, authorization of expenditure, apportionment of assets and liabilities of some of the States, apportionment of certain assets and liabilities of the Union, provisions as to certain corporations and inter-State agreements and arrangements, by Part X provisions have been made as regards the services which were in existence prior to the reorganisation of the States effected by the said Act. Section 114 of the said Act relates to all-India services. It is not necessary for the purpose of the present petition to make any reference thereto. Then comes section 115 containing provisions relating to other services in respect of whereof divergent views have been expressed and which has formed the bone of contention in the present petition. Section 1151. runs as under: 115. 1. Every person who immediately before the appointed day serving in connection with the affairs of the Union of India the administrative control of Lieutenant Governor or Chief Commissioner in any of the existing States of Ajmer, Bhopal, Coorg, Kutch and Vindhya Pradesh, or is serving in connection with the affairs of the any of the existing States of Mysore, Punjab, Patiala and East Punjab States of Union and Saurashtra shall, as from that day, be deemed to have allotted to serve in connection with the affairs of the successor State to the existing State".
(3.) The successor State to the States of Kutch and Saurashtra, having regard to the definition of the expression "Successor State" given in S.2 b., would mean the new Part A State known as the State of Bombay. Under the provisions contained in Section 1151. all persons who were serving in connection with the affairs of the Union of in the State of Kutch were allotted to serve in connection with the affairs of the newly formed State of Bombay. By virtue of these provisions all persons serving in connection with the affairs of the State of Saurashtra were allotted to serve in connection with the affairs of the newly formed State of Bombay. Section 1152. provides as under: -- "2.. Every person who immediately before the appointed day is serving in connection with the affairs of an existing State part of whose territories is transferred to another State by the provisions of Part II shall, as from the that day, provisionally continue to serve in connection with the affairs of the principal successor State to that existing State, unless he is required by general or special order of the Central Government to serve provisionally in connection with the affairs of any other successor State". Under the provisions contained in sub-section 2. of section 115, all persons who are serving in connection with the affairs of the previously existing State of Bombay came to be provisionally allotted to serve in connection with the affairs of the newly constituted State of Bombay except to the extent that the Central Government had, by general or special order, required some of them to serve provisionally in connection with the affairs of the successor State of Rajasthan or the successor State of Mysore. Under the aforesaid provisions, some of the persons serving in connection with the previously existing State of Hyderabad came to be provisionally allotted to the successor State of Bombay by reason of orders passed by the central Government. Under the aforesaid provisions, some of the persons who are serving in connection with the affairs of the previously existing State of Madya Pradesh came to be provisionally allotted by the Central Government to serve in connection with the affairs of the newly State of Bombay. As a result of the provisions contained in the sub-section 1. and 2. of section 115 persons who were serving in different States came to serve in connection with the affairs of the newly formed State of Bombay. Some of those persons, namely, those who were formerly serving in connection with the affairs of the State of Kutch and the State of Saurashtra came to be permanently allotted to serve in connection with the newly formed State of Bombay. Others were provisionally allotted to serve in connection with the affairs of the newly formed State of Bombay.;


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