subsequently renamed as Food Civil Supplies Department, was created.
7 of the list, it has been recorded that the appellants and other remaining staff were willing to work in the Revenue Department.
Certain posts were also transferred from the Revenue Department to the Food Civil Supplies Department along with the holders of such posts.
In other words, the subject of food was withdrawn from the said and a new Department, namely the Civil Supplies Department.
Heard learned Counsel for the parties.
So far as the appellants before us are companycerned, they were number retrenched, but according to the private respondents they were absorbed in the Revenue Department.
The statutory rationing was discontinued in Sholapur with effect from May, 1, 1968.
After the creation of the Food Civil Supplies Department the rationing was introduced in Sholapur City and Salgarwadi area under the companytrol of the Food Civil Supplies Department which will appear from the Government resolution dated February 19, 1966.
86 of 1986.
From the Judgment and Order dated 23.11.1987 of the Bombay High Court in Second Appeal No.
This has been emphatically disputed by the appellants.
By a subsequent Government circular dated May 13, 1965 it was renamed as Food Civil Supplies Department .
The posts in the rationing establishment were directed to be merged in the office of the Foodgrain Distribution Officer, Sholapur, and the expenditure on that account was directed to be debited to PG NO 716 the budget head 26 Miscellaneous Department Civil Supplies Department iii Procurement, Distribution and Price Control Mofussil and met from the grants sanctioned thereunder.
The question is whether the Food Civil Supplies Department, Sholapur, has a separate and independent existence or whether it is part and parcel of the Revenue Department.
404 of 1985, W.P. No.
By a circular dated January 13, 1965 of the Government of Maharashtra, a new department called the Civil Supplies Department was created.
The learned Civil Judge also granted an injunction permanently restraining the Government from reverting the respondents from the posts of Awal Karkuns to the posts of Clerks on appeal.
In view of the said letter of the Foodgrain Distribution Officer and the list annexed to his letter written to the Collector, it is submitted by the learned Counsel, appearing on behalf of the private respondents, that the appellants were transferred to the Revenue Department as the Food Civil Supplies Department was abolished on the abolition of the statutory rationing.
Lal for the Respondents.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
the Fourth Addition District Judge, Sholapur, upheld the judgment and decree of the Civil Court and dismissed the appeal preferred by the appellants and the State of Maharashtra The appellants and the State of Maharashtra filed two separate second appeals to the High Court of Bombay.
PG NO 714 B. Bhasme, V.M. Tarkunde, A.S. Bhasme, V.N. Ganpule, S Agnihotri, A.G. Pawar and A.B .
The best authority which can answer the question is the Government, but the Civil Courts and the High Court have number been able to accept the Government version that the Food Civil Supplies Department, Sholapur, is an independent Government Department and does number form part of the Revenue Department.
3804 to 3807 of 1988.
In the meantime, some of the respondents also filed writ petitions in the High Court challenging the validity of the impugned order of the Commissioner, Pune Division.
The Judgment of the Court was delivered by DUTT, J. Special leave is granted in all these matters.
The facts leading to the question will be stated presently.
The learned Civil Judge, Senior Division, Sholapur, decreed the suit and declared that the impugned order of the Commissioner, Pune Division was discriminatory, illegal and number binding upon the respondents.
K. Garg, Vijay Hansaria and Sunil K. Jain for the Appellants.
607 of 1985 ant Second Appeal No.
The Commissioner of Pune Division, by his order dated January 27, 1981, granted promotions to the appellants to the posts of Awal Karkuns, and directed that the private respondents herein, who were holding these posts would be repatriated to their parent department, that is, the Revenue Department.
It appears from the said Government circular dated January 13, 1965, creating the department, that the Agriculture, Food Cooperation Department was renamed as the Agriculture Cooperation Department.
Aggrieved by the said order of the Commissioner, Pune Division, some of the private respondents filed a civil suit for a declaration that the said order granting out of turn promotions to the appellants as Awal Karkuns was unjust, illegal and violative of the fundamental rights of the respondents guaranteed under Articles 14 and 16 of the Construction of India.
