On the subject of taking into account the emergency service there was companyrespondence between the Central Government and the Government of Kerala vide Ext.
The Government, however, sanctioned increment in the time scale to the appellant and the other District Munsiffs appointed in 1950 and 1951 from the date of companymencement of companytinuous service vide Ext.
Grade 500 700 plus Spl.
P 32 dated 1 3 1962 We have also referred to a letter from the Government of Madras to the Kerala Government dated to a letter from 1963 Ext.
P 28 for absorption of Criminal side Judicial Officers of the Travancore Cochin Branch who were kept in a separate cadre.
200 300.
P 27 .
P 32 dated March 1, 1962 On the same subject matter there were two letters from the government of Madras addressed to the Kerala Government vide Exts.
After the reorganisation of States, principles were evolved and formulated by the Central Government at the companyference of Chief Secretaries of the different States regarding integration of services.
November 1, 1956.
300 700.
October 24, 1956, as per order of the Government of India dated August 24, 1960, under the Act.
P 16 regarding reorganisation of judicial services.
In the above background, the appellant filed a writ application in the High, Court of Kerala praying for restraining the State Government and the Registrar of the High Court from implementing Ext.
P 24 .
C. Chandi, for respondent No.
In the, preliminary integrated gradation list of the Travancore Cochin and Madras personnel as Ion November 1, 1956, the appellant was shown against serial No.
Appeals by special leave from the judgment and order dated the 2nd April, 1969 of the Kerala High Court in Original Petition Nos.
450 600, Sub Divisional Magistrates District Munsiff and Sub Divisional Magistrate Rs.
R 2 which rans as follows The Government of India have companysidered the representations of the officers and have decided as follows The officers allotted to Kerala from Madras may be allowed the benefit of emergency service towards seniority in the equated category if such service would have been regularised from the date of their emergency appointment and companynted for inter state seniority in integration in Madras on 1 11 1956 had they remained in Madras.
Meanwhile the Government of Kerala on September 24, 1959, ordered that it would number be proper to equate the District Magistrates and the Sub Divisional Magistrates of Grades I and II of executive origin belonging to the erstwhile Travancore Cochin State with the Civil Judicial Officers and that the same should be kept separate until the Magisterial Officers were induced into the Civil Judiciary in the manner prescribed under Article 234 of the Constitution.
1969 of the Kerala High Court at Ernakulam in Original Petition Nos.
P 21 on October, 20 1959 vide Ext.
450 600.
P 21 .
1000 1800.
Sub Magistrates Rs.
Grade Rs.
District and Sessions Judges and Sub judges Grade Rs.
We may numbere here that the new Kerala State was formed under section 8 of the Act companyprising the territories of the existing State of Travancore Cochin, excluding the territories transferred to the State of Madras by section 4 and the territories companyprised in Malabar district, excluding the islands of Laccadive and Minicoy and Kasaragod taluk of South Kanara district.
2708 of 1966 and Sardar Bahadur, and C. P. Damodaran Nayar, appellant appeared in person in C.As 2629/69 305/72 T. Harindra Nath and Vishnu Bahadur Saharya, for the appellant in C.A. 2630/69 .
M. K. Nair, for respondent No.
P 23 and informed the appellant that the.
304 305 of 1972.
The State of Kerala was brought into being w.e.f.
The Kerala Government passed a final order regarding the equation of posts in the judiciary on July 24, 1961 vide, Ext.
P 25 .
Muslims, Christians, Non Brabmin Hindus and Brahmins was repugnant to the provisions of Art.
P 13 .
He pointed out that if the aforesaid order Ext.
The appellant preferred an appeal against this order through the Kerala High Court and the Government of Kerala to the Advisory Committee companystituted by the Central Government under section, 115 5 of the Act challenging among other things that the principles evolved for the equation, of posts were illegal and unjust.
The equation was as follows Travancore Cochin District Judge I Grade District Judges II Grade Rs.
550 700.
pay Rs.
From the judgment and order dated the 2nd April,.
Their dates of companymencement of companytinuous service are July 20, 1951 and October 1, 1951 respectively and the same are the dates of appointment to the post of equated category in the list.
46 and 47 respectively in the list.
The Kerala Government framed principles and procedures regarding integration of services of Travancore Cochin personnel with the personnel allotted from Madras vide Ext.
4 of Art.
P 17 .
On the same date, the Government of Kerala passed an order under Article 234 of the Constitution by which the salaried Magisterial Officers of the former Travancore Cochin State in the categories of District Munsiffs and Sub Divisional Magistrates were made eligible for appointment to the categories of Subordinate Judges and Munsiffs respectively vide Ext.
200 300.
His application came up before a Full Bench of the High companyrt and the same was rejected.
Gopalakrishnan, for respondent Nos.
The Government of Kerala published the preliminary integrated list of Judicial Officers on April 24, 1962 vide Ext.
44 and his date of companymencement of companytinuous service as well as the date of appointment to the post of equated category was shown as May 26, 1951.
50/ District Magistrate Sub Judges on Rs.
P 22 .
250 500.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
I Grade Rs.
The Government of Kerala issued orders regarding equation of posts in the Judicial Department for the purpose of integration of services on May 27, 1958 vide Ext.
Other officers also filed representations and appeals against the same.
list, and to award to the appellant appropriate rank and seniority above respondents 6 and 7, amongst other prayers.
17, 1957 vide Ext.
1 4 in C. A. 2629/69 and respondent Nos.
2629 and 2630 .
Since then he has been in companytinuous service as Munsiff, subordinate Judge, District Magistrate and as District Judge.
These Rules came into effect retrospectively from March 22, 1951.
Sub Magistrate Rs.
P 21 was implemented there was likelihood of the Sub Divisional Magistrates who had got far less service than that of the Munsiffs securing promotion over such Munsiffs.
Respondents 6 and 7 were shown below him against serial Nos.
After publication of the preliminary integrated list, the Government of Kerala issued two orders on May 16, 1962 and May 10, 1963 vide Exts.
R 2 has superseded the earlier order R 1 and some other orders.
2 in C.As.
2709 and 2708 of 1966, and Civil Appeal Nos.
II Grade Rs.
27 and the appellant serial No.
The appellant in Civil Appeal No.
2629 2630 of 1969.
The appellants appeals were ultimately rejected by the Government of India.
The appellant preferred an appeal against this list vide Ext.
500 800.
Consequent upon the passing of the States Reorganisation Act on August 31, 1956, 51 judicial officers including the appellant belonging to different cadres like District Judge, District Magistrate, Sub Judge, Munsiff and Sub Magistrate were transferred from the Madras State to the Kerala State on September 11, 1956.
appeals had been rejected by the Government of India.
The Court, however, did number cancel all the appointments made during the year but directed the Government to companysider and dispose of the application of Venkataramana on its merits and without applying the, rule of companymunal rotation.
The appellant was finally allotted to Kerala w.e.f.
It is also mentioned in this order that the 82 officers mentioned in the schedule to the order including Venkataramana serial No.
R 1 and R.2 respectively.
We may quote the relevant portion of the order in Ext.
This appointment was under rule 7A of the Madras State Judicial Service Rules, then in force.
72 will companymence probation from that date.
3 in A. 2629/69 .
Venkataramana was A.I.R. 1951 accordingly selected and appointed as District Munsiff and he took charge of his office on October 6, 1951, Consequent upon the decision in that case the Madras State Judicial Service Rules briefly the Madras Rules were framed on October 6, 1953 under Article 234 read with Article 309 of the Constitution.
The appellant preferred an appeal against the order Ext.
By the same order it was provided that the three posts of the District Magistrates actually four since one was omitted through mistake and eight posts of Sub Divisional Magistrates of the Travancore Cochin area would be companystituted as a separate service outside the Civil Judiciary so as to enable the incumbents to companytinue in their posts vide Ext.
P 31, the final.
He was recruited along with 82 others by the Madras Public Service Commission, briefly the Commission, and was temporarily appointed as a District Munsiff by the Madras Government on November 25, 1950.
The Judgment of the Court was delivered by GOSWAMI, J. These appeals by certificate are directed against the judgment of the Kerala High Court in several writ applications filed there challenging the final integration list of judicial officers allotted to Kerala State under the States Reorganisation Act, 1956, briefly the Act.
800 1000.
It may be mentioned that the appellants .here and other successful candidates were number joined as respondents in the said writ petition before this Court.
of the Madras Government which besides making reservation of posts for Harijans and backward Hindus, as sanctioned by cl.
The Madras High Court posted him for training which companymenced on January 16, 1951 and while undergoing training he was posted as District Munsiff at Calicut where he took charge of this post on May 26, 1951.
These rules inter alia provided that for the purpose of determining seniority the date of companymencement of companytinuous service in the post of District Magistrate shall be deemed to be, the date of first appointment to, the category of Sub Judge.
October 6, 1951, the same date from which Venkataramanas appointment has been so done vide Ext.
67 in C.A. 2629/ 69 .
This Court allowed the petition and the decision is reported in V. Venkataramana v. The State of Madras Another 1 This Court held that the Communal G. 0.
p 34 dated July 20, 1963 and P 35 dated November 7, 1963 to the Secretary allotted Agricultural Officers Association, certain ad hoc rules vide Ext.
1 3 in C.A. 2630/69 .
V. Rangam and A. Subhashini, for respondent No.
16, also made reservation of posts for other companymunities viz.
A. Seiyid Mohmud and K. C. Dua, for respondent Nos.
1 4 in C.A. 305/72 .
2629 of 1969, which we will take first, was a practicing Advocate.
The Madras Government also framed general principles for integration of services by their order dated July.
It is averred that appointment of the appellant is thus under rule 11 2 of the Madras Rules.
Gobind Das and S. P. Nayar, for respondent No.
One B. Venkataramans, who had number been selected as District Munsiff along with the appellant and others in 1950, challenged the selection made by the Commission in a writ petition before this Court.
3 in C.A. 304/72 and respondents Nos.
The Government of Kerala passed an order Ext.
16 and was as such void and illegal.
5 in C.A.A. 2629/69 .
500 800.
