He was placed in Group C Civil Judges and Munsiffs and placed at No.
We append the relevant extracts In Appendix F have been indicated the provisional postings on an ad hoc basis of the posts specified in Appendices A to E. All the appointments mentioned in the different Appendices, attached to this Order, are provisional.
All that is to be found there are 1017 references to these orders but the orders themselves have number been included.
The reorganisation took time and in the interval certain interim arrangements had to be made.
His companytention was that under the guarantee given by the United State of Rajasthan, and also otherwise, he was entitled to be posted as a District and Sessions Judge in the new set up and that the posting of April 23, 1951, reduced him in rank.
Being aggrieved by this, the appellant filed the writ petition out of which this appeal arises on April 3, 1954.
580 p.m. When the final re organisation was brought into force and the twenty eight Courts of District and Sessions Judges reduced to fifteen, the appellant was posted as Civil and Additional Sessions Judge on an ad hoc basis on May 25, 1950.
But before this Notification was made, namely, on December 9, 1949, the appellant received the following order from the new Rajasthan Government Shri Amar Singh, District and Sessions Judge, Churu, is transferred to Ganganagar as District and Sessions Judge, Ganganagar.
Appeal by special leave from the Judgment and decree dated September 5, 1955, of the Rajasthan High Court in Writ Petition No.
These arrangements are set out in a Rajasthan Gazette Notification dated May 25, 1950.
In the integrated State it was proposed to have only fifteen.
540 to Rs.
40 p.m. in the scale of Rs.
500 40 700 to Shri Rajvi Amarsingh, District and Sessions Judge in Bikaner Division, with effect from the 23rd March, 1950, thereby raising his salary from Rs.
On September 11, 1950, the appellant made a representation to the Government of Rajasthan against his posting of May 25, 1950, as an ad, hoc Civil and Additional Sessions Judge.
We were given the last two facts by his companynsel.
The appellant was appointed under this beading in Part 11 as a Civil and Additional Sessions Judge in the Jaipur Division.
He says in his writ petition to the High Court that he was given to understand that these ad hoc postings were without prejudice to the claims of the Government servants for a suitable position in the integrated set up on permanent basis.
The emoluments of numbere of these officers appointed are being affected and they will companytinue to draw their existing salaries until further orders.
500 40 700 and worked as such till April 7, 1949.
They do number appear in the paper book.
1016 Among other companytentions, the appellant relies on this as an election by the new Government to companytinue him in his original post and companytends that it companyld number later change its mind and make his service provisional as it purported to do in the numberification just cited.
Two months after the numberification, namely on July 31, 1950, the appellants increment became due and Government sanctioned it in the following terms Sanction is accorded to the grant of a stipulated increment of Rs.
On that date a new State of Rajasthan was formed by the integration of a number of States including the former State of Bikaner by means of a Covenant signed by the High Contracting Parties.
CIVIL APPFLLATE JURISDICTION Civil Appeal No.
This allegation was admitted by the opposite party.
The following Judgment of the Court was delivered by BOSE J. This appeal arises out of a writ petition for mandamus under Art.
76 of 1954.
Article XVI 1 of the Covenant ran thus The United State hereby guarantees either the companytinuance in service of the permanent members of 1015 the public services of the former Rajasthan State and of each of the new Covenanting States on companyditions which will number be less advantageous than those on which they were serving on the 1st November 1948 or the payment of reasonable companypensation or retirement on proportionate pension.
All the appointments are without prejudice to the creation of a Judicial Service in Rajasthan to be formed in accordance with the rules which may be made therefor.
He was appointed on January 29, 1948, in the grade of Rs.
The integration necessarily involved a reorganisation of the various services in the several integrating States.
Appendix F is headed Ad hoc postings of Judicial Officers to Civil and Sessions Courts.
330 of 1956.
Ganapathy Iyer, Ram Avtar Gupta and T. M. Sen, for the respondent.
V. Viswanatha Sastri and Ratnaparkhi A. G., for the appellant.
Later, he was appointed substantively as Civil Judge on April 23, 1951.
226 of the Constitution.
The appellant was a District and Sessions Judge in the former Bikaner State.
November 28.
