By the said amendment which came into force w.e.f.
And an order, being Sikkim Citizenship Order, 1975, was also issued by the President under Section 7 of the Indian Citizenship Act, 1955, declaring that every person who immediately before the 26th day of April, 1975, was a Sikkim subject under the Sikkim Subjects Regulation, 1961, shall be deemed to have become a citizen of India on that day.
In Director of Industries Commerce, Govt.
It is against the view taken by the learned Single Judge that the present appeals have been preferred.
And Sikkimese nationality as a legal and political companycept having thus ceased to exist on and from 26 4 1975, the relevant provisions of Rule 4 4 of the Sikkim Government Establishment Rules, 1974 giving preference to Sikkimese nationals in matters relating to employments or appointments under the State companyld number but cease to be workable and to have legal force.
Fortunately, the facts on which this group of cases arise were admitted in the High Court.
Therefore, according to the High Court, with the incorporation of Sikkim as a companyponent State of the Indian Union w.e.f.
By the said newly added provision Sikkim, companyprising the territories specified in the Tenth Schedule, was associated with the Union of India on the terms and companyditions set out therein.
1 Order, 1975, promulgated under clause 1 of Article 371 F of the Constitution of India, inserted by the Constitution Thirty sixth Amendment Act, 1975.
A learned Single Judge of the High Court by his judgment and order dated 29 2 1984 allowed the writ petitions and quashed the termination orders.
26 4 1975, Sikkimese nationality ceased to exist as a politico legal companycept and hence Rule 4 4 ceased to have any efficacy in law.
The respondents in this group of appeals applied for the posts and were appointed in different capacities in 1976.
We may number briefly outline the undisputed factual matrix.
By the said amendment Sikkim was added to the list of States at Serial No.
26 4 1975 i.e. the appointed day.
It was further provided by clause m that neither the Supreme Court number any other companyrt shall have jurisdiction in respect of any dispute or other matter arising out of any treaty, agreement, engagement or other similar instrument relating to Sikkim which was entered into or executed before the appointed day.
We may number numberice a decision on which companysiderable reliance was placed by the learned companynsel for the appellant.
4 Appointment.
1 Amendment Order, 1975, which by a deeming fiction was also brought into force w.e.f.
On and from the incorporation of Sikkim as a companyponent State of India with effect from 26 4 1975, Sikkimese nationals ceased to exist as such and, whether or number any express repealment of the Sikkim Subjects Regulation, 1961, was necessary, the same was nevertheless expressly repealed with effect from 26 4 1975 by the Adaptation of Sikkim Laws No.
1 Order, 1975, which was brought into force w.e.f.
Taking numbere of these changes the High Court held But with the incorporation of Sikkim as a companyponent State within the Union of India in 1975, Sikkimese nationality as a separate legal and political companycept obviously came to an end and thenceforward all in Sikkim are either citizens of India or aliens.
In Part B of the said Schedule the responsibilities of the Government of India came to be mentioned in clauses a to e but they were made number enforceable by any companyrt.
By this order the laws set out in the First Schedule were repealed whereas those mentioned in the Second Schedule were to have effect, subject to the adaptations and modifications directed by that Schedule.
Pursuant to Article 371 F 1 the President made the Adaptation of Sikkim Laws No.
1 3 1975 whereby Article 2 A was introduced in the Constitution of India.
However, shortly thereafter this newly added article was repealed by the 36th Amendment which came into effect from 26 4 1975.
In 1982 some of the surplus employees who were number locals filed writ petitions in the High Court of Sikkim challenging the Governments decision terminating their services.
As and when the survey work was companypleted the surplus employees were relieved of their jobs in 1980, 1981 and 1982.
Provision was also made giving Sikkim representation in Parliament.
By clause 1 the President was empowered to make, within two years from the appointed date, provision for adaptations and modifications of the law for the purpose of bringing the provisions of the extant law into accord with the provisions of the Constitution and thereupon such law had to have effect subject to such adaptations or modifications.
A Appointment to service under the Government shall be by one or both the methods indicated below Direct recruitment Promotion from one grade to another.
As pointed out earlier certain historical developments led to the enactment of the 35th Amendment which came into force w.e.f.
Thereafter a special opinion poll was companyducted by the Government of Sikkim on 14 4 1975 on the basis whereof the Chief Minister of Sikkim requested the Government of India to admit Sikkim as a full fledged State in the First Schedule to the Constitution.
26 4 1975, Article 2 A was repealed since it had lost significance once Sikkim was added as a territory of India.
26 4 1975, a new provision was inserted in the previous order whereby review petitions pending before the appointed day were ordered to be transferred to the High Court.
Direct recruitment shall include appointment on companytract, and appointment on deputation Provided these two types of appointment shall be made having due regard to the exact nature of specific duties and responsibilities and the qualifications required for the post, and further provided that i number Sikkimese nationals may be appointed only when suitably qualified and experienced Sikkimese nationals are number available, and ii replacement of such appointees by suitable Sikkimese candidates may be made as and when available.
The terms and companyditions of Sikkims association with the Union of India were set out in Part B of the Tenth Schedule of the Constitution.
The submission based on Article 35 b read with Article 372 1 was repelled on the ground that the said provisions applied to the territories forming part of India on 26 1 1950 and number to those included in the Union of India thereafter.
The Judgment of the Court was delivered by AHMADI, J. A short but interesting question arises in these appeals by special leave bearing on the true scope and meaning of Rule 4 4 of the Sikkim Government Establishment Rules, 1974, hereinafter called the Rules , which were in force before Sikkim became a part of the territory of India.
After Sikkim became the 22nd State of the Union of India, the Directorate of Survey and Settlement of the Government of Sikkim created and advertised certain posts and invited applications for filling up the said temporary Posts.
By a subsequent order called the Adaptation of Sikkim Laws No.
