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TMI Blog1975 (8) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... rt of Gujarat in a writ petition filed by the respondents. The appellants as well as the respondents (hereinafter called petitioners) were originally servants of the State of Bombay and were allotted to the State of Gujarat on its formation on 1st May, 1960. The petitioners alleged that they had passed all the prescribed departmental examinations as required by the rules of the State of Bombay and challenged the validity of certain orders of the Government of Gujarat. One of them was an orders of May 10, 1962 which provided that persons already promoted would have to pass the examination of G.D.C. A. within a period of three years and if they did not their increment would be stopped and if they have reached the maximum of the scale the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earlier than the respondents who were the petitioners and had therefore been impleaded as parties to the writ petition. As regards the complaint about the petitioners not being allowed to get future increments till they passed the examination and reduction by one stage of persons who had reached the maximum in their grade and the recovery of the amounts which they had already drawn, they are no longer the subject matter of any grievance because the State of Gujarat have removed those grievances by Note 1 to Regulation 13(4)(iii) found in the order of the Government of Gujarat dated September 14, 1967 at pages 17 to 22 of the paper book. There is a certain amount of confusion in the records regarding this. As against the rule above refer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les relating to promotion do not come within the scope of s. 81 (6). The above decision of this Court was concerned with s. 115(7) of the States Reorganisation Act. There was in that case a circular of the Central Government dated May 11, 1957 to all State Governments stating, among other things, that so far as departmental promotion was concerned the decision of the Central Government was that it would not be appropriate to provide any protection in the matter . On the basis of that circular it was pointed out by this Court that so far as departmental promotion was concerned the State Governments might, if they so desired, change the conditions of service and for this purpose they might assume the previous approval of the Central Governme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mination 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 except with the previous approval of the Central Government. The question, therefore, is what were the conditions of service applicable immediately before the appointed day to the parties in this case ? They were the rules and orders applicable to them when they were servants of the State of Bombay before May 1, 1960. The conditions of service applicable to them incl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ey would be subject to any rule made by that State in respect of their promotion. The power granted to the reorganised State of Bombay should be deemed to accrue to the successor States, that is, the States of Maharashtra and Gujarat. We may in this connection refer to s. 87 of the Bombay Reorganisation Act, 1960 which reads: 87. Territorial extent of laws.-The provisions of Part II shall not be deemed to have effected any change in the territories to which any law in force immediately before the appointed day extends or supplies, and territorial reference in any such law to the State of Bombay shall until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within that S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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