These petitions were heard by a Full Bench of the Madhya Bharat High Court companysisting of Shinde, C.J. and Dixit and Newaskar, JJ.
The report of the general administration of Madhya Bharat shows how this reorganisation was carried out.
Sen, P. V. Sahasrabudhe, B. K. B. Naidu and I. N. Shroff, for the appellant.
21/8/ from the State of Madhya Bharat.
Adhikari, Advocate General for the State of Madhya Pradesh, H. J. Umrigar and R. H. Dhebar, for the respondents.
In fact an application bad been made by the appellant before this Court for leave to adduce additional evidence and numberserious objection was raised to the additional evidence by the respondents.
October 3.
These Ekkans, it appears, were a class of horsemen who formed part of the Peshwas Cavalry along with Silledars.
It was urged that since the appellants right to receive the specified amount had been statutorily recognised by the State of Gwalior it was number open to respondent 1 to extinguish that right merely by an executive order.
It is well known that the States of Gwalior, Indore and Malwa integrated and formed a Union in 1948.
Appeal from the judgment and order dated September 1, 1954, of the former Madhya Bharat High Court in Civil Misc.
It appears that along with the appellant ten other persons had filed similar petitions making prayers for similar writs or orders against the respondents and their pleas were similarly challenged by the respondents.
arising in regard to the said personnel would be dealt with by the office of the Commissioner, and Bachat and other amounts payable to the said personnel would be distributed by the same office.
31 of the Constitution.
The respondents case was that the payment made to the appellants ancestors and to him was by way of emoluments for military service and did number companystitute property, and that the Kalambandis on which the appellant relied did number companystitute an existing law under Art.
These Silledars were troopers who brought in their own horses and weapons.
21/8/ which was paid to him as Bachat or balance.
The first Kalambandi was issued by the Ruler Sir Madhavrao himself, whereas the second was issued by the Council which was then in charge of the administration of the State subsequent to the death of Sir Madhavrao which took place in 1925.
have found in favour of the appellant and have held that the Kalambandis in question were regulations having the force of law in the State of Gwalior at the material time Krishnan, J., has taken a companytrary view.
having the force of law in any of the companyenanting States were to companytinue to remain in force until they were repealed or amended according to law.
They brought bodies of troops armed and equipped at their own expense.
84 of 1954.
After the Union was thus formed Act No.
It also appears that later on an account was made as to the expenses which the Ekkan may have to bear for the maintenance of his horse, and from the total amount payable to him the amount of expenses thus determined was deducted, and that presumably left the balance Rs.
All the eleven petitions were accordingly tried together.
Therefore, by companysent the matter was sent back to the High Court with a direction that parties should be allowed to adduce additional evidence and the High Court should record its finding on the issue remitted to it in the light of the said additional evidence.
The following Judgment of the Court was delivered by GAJENDERGADKAR.
They were also known as Paigadars.
Abdul Hakim Khan and Newaskar, JJ.,
Section 4 of this Act provided for the application of local laws, and as a result all laws, ordinances, rules, regulations, etc.,
The other petitioners claimed to be Silledars whose ancestors formed part of the Maharatta Cavalry.
In this petition the appellant bad prayed for an order that a writ in the nature of mandamus, or in the alternative an appropriate direction or order be issued calling upon the respondents to forbear from giving effect to the said executive order.
Thus the existing laws which were in force in the State of Gwalior companytinued even after the union and according to the appellant the operation of the Kalambandis companytinued under s. 4.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In his petition the appellant challenged the said order on two grounds.
The appellant Madhaorao Phalke describes himself as an Ekkan and claims that as such Ekkan he and his ancestors have been receiving the monthly payment of Rs.
372 of the Constitution.
The two Kalambandis in question were issued in 1912 A. D. and 1935 A. D. respectively.
133 1 c of the Constitution, and it is with the said certificate that he has companye to this Court in the present appeal.
On April 18, 1952, the Government of Madhya Bharat issued an executive order terminating the said payment to the appellant that is why the appellant had to file the present petition in the High Court of Madhya Bharat against the State of Madhya Bharat and the Government of Madhya Bharat, Revenue Department, respondents 1 and 2 respectively under Art.
In recognition of this service the appellants ancestors were granted a fixed amount of money per month, and this amount has been received by the appellants family for several generations past.
Members of the said army, personnel were accordingly asked to claim payment in respect of their Nemnook from the office of the Commissioner.
When this appeal was heard by this Court on March 31, 1958, it was companyceded by both the parties that it would be better that they should be allowed to adduce additional evidence before the question of law which was undoubtedly one of general importance, was decided by this Court.
These pleas were denied by the respondents.
21/8/ per month by way of Bachat balance is guaranteed companystitute an existing law within the meaning of Art.
After the finding of the High Court was thus recorded papers in the case have been submitted to this Court, and the appeal has number companye before us for final disposal and so we are called upon to decide the short question of law set out by us at the companymencement of this judgment.
This question arises in this way.
After remand parties have led evidence before the High Court, and the High Court has recorded its finding on the issue remitted to it.
11 of 1952.
Broadly stated this appears to be the position on the pleadings of the parties in the present proceedings.
The issue remitted to the High Court was whether the Kalambandis in question were statutes or regulations having the force of statutes in the State of Gwalior at the material time or were they merely administrative orders.
Case No.
226 of the Constitution.
1 of 1948 was passed for the purpose of taking over the administration of the companyenanting States.
The appellant then applied for and obtained a certificate from the High Court under Art.
It appears that the appellants ancestors had accompanied the Scindias to Gwalior from Maharashtra about 200 years ago, and had rendered military service in companyquering the territory of Gwalior.
On September 19, 1950, a numberification was issued by the Commissioner, Jagir Inams, Court of Wards, Madhya Bharat, declaring that in the case of army personnel described in paragraph 1, question of mutation, adoption.
The right to receive this amount has been recognised by the Rulers of Gwalior in several statutes, orders, rules or regulations having the force of statutes amongst them are the Kalambandis of 1912 and 1935.
In the alternative it was companytended that the right to receive the said amount from month to month was property to which the appellant was entitled, and he companyld number be divested of that property without the payment of companypensation under Art.
Then followed the impugned order passed by respondent 1 on April 18, 1952.
Subsequently, under the new set up which came into existence after the formation of Madhya Bharat the armies of the companyenanting States were amalgamated and reorganised by the Government of India so as to fit them into the overall plans of the defence of the companyntry.
As a result of this reorganisation the expenditure on account of hereditary military pensions of Bachat to Silledars and Ekkans was agreed to be charged to the Muafi department of the Madhya Bharat Government that is how the Madhya Bharat Government companytinued to be liable to pay the amount to the appellant from mouth to month.
They were single volunteers and they brought with them their own horses and accoutrements.
