1964 (3) TMI 124 - SC - Indian Laws

Summary

Issues:
1. Validity of Mysore General Services (Revenue Subordinate Branch) Recruitment Rules, 1959 under s. 115(7) of the State Re-organisation Act.
2. Alleged violation of Art. 311(2) of the Constitution and Art. 16 by the Madras Government.

Analysis:
1. The petitioner challenged the Mysore General Services (Revenue Subordinate Branch) Recruitment Rules, 1959, arguing that they were not made with the previous approval of the Central Government as required by s. 115(7) of the State Re-organisation Act. The petitioner contended that the rules did not govern him lawfully, resulting in a variation of his conditions of service to his disadvantage. The Central Government had issued a memorandum to State Governments after reorganisation, indicating that some conditions of service could be changed without specific protection. The Court interpreted the proviso to s. 115(7) as requiring the State to obtain previous approval from the Central Government before varying conditions of service. The Court held that the memorandum amounted to previous approval, as it outlined the limits within which changes could be made, ensuring concurrence from the Central Government. The Court emphasized that the intention was not for detailed scrutiny but for prior concurrence, thus upholding the validity of the rules.

2. The petitioner also alleged that the Madras Government had violated Art. 311(2) and Art. 16 by reducing his rank before November 1, 1956. However, the Court noted that the State of Madras was not a party to the petition, and the petitioner had not raised these points while serving under Madras. The Court highlighted that the competent authorities had made decisions regarding the petitioner's promotions and demotions based on merit. The Court found no infringement of Art. 16 before the petitioner's allocation to the new Mysore State. Consequently, the Court dismissed the petition, stating that the petitioner failed to establish any violation of Art. 16. The Court ordered each party to bear their own costs in the matter.