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PETITIONER: RAJVI AMAR SINGH
Vs.
RESPONDENT: THE STATE OF RAJASTHAN
DATE OF JUDGMENT: 28/11/1957
BENCH: BOSE, VIVIAN BENCH: BOSE, VIVIAN DAS, SUDHI RANJAN (CJ) AIYYAR, T.L. VENKATARAMA DAS, S.K. SARKAR, A.K.
CITATION: 1958 AIR 228 1958 SCR 1015
ACT: State Service-Formation of new State by intergration of States -Effect-Employee under intergrating State continuing in service of new State-Status-If can be inferred from description in orders of transfer and increment of Pay- Substantive appointment to a lower grade on guaranteed emoluments-If amounts to reduction in rankConstitution of India, Art. 3II.
HEADNOTE: The appellant was a District and Session judge in the State of Bikaner and after its merger in the new State of Rajasthan, on August 7, 1949, continued to serve in the new State. The covenant of intergration provided, inter alia, that the conditions of such service were to be no less advantageous than those under which he was working on November 1, 1948. By a Gazette Notification the appellant was appointed as an ad hoc Civil and Additional Sessions judge. After the reorganisation of the Services he was substantively appointed as a Civil judge and placed in grade C (Civil judges and Munsiffs) and placed at No. 18 in the list of juniors, but his old pay and emoluments remained as guaranteed. Before such appointment ...