BHOLANATH J THAKER Vs. STATE OF SAURASHTRA

JUDGEMENT

(1.) This appeal on a certificate under Article 133 (1) (a) of the Constitution arises out of the appellant's suit for compensation against the Saurashtra State for his premature retirement from service.

(2.) On the 2nd August 1936 the appellant was appointed officiating Sarnyayadhis in the Wadhwan State on a monthly salary of Rs. 150. He was confirmed on the 20th September 1936 and continued to serve the Wadhwan State till the administration of the State was made over to the Saurashtra Government on the 16th March 1948. The Ruler of the Wadhwan State appointed in 1946 a Committee to frame rules for the conditions of service and for pensions and other matters regarding the services. The Committee made its report on the 22nd November 1947 and on the recommendations of the Committee the Ruler of the Wadhwan State promulgated on the 3rd February 1948 Dhara (Act) No. 29 of St. 2004 which came into force with effect from the 1st January 1948. Section 5 of this Dhara fixed the superannuation age for the State Civil servant at 60 and the Appellant thus became entitled to remain in service till he completed his age of 60 years.

(3.) The Rulers of the Kathiawar States including the Wadhwan State entered into a covenant for the formation of the United States of Kathiawar on the 24th January 1948. Under Art. 6(1) of the Covenant the Ruler of each Covenanting State agreed as soon as may be practicable and in any even not later that the 15th April 1948 to make over the administration of his State to the Raj Pramukh and thereupon all the rights, authority and jurisdiction belonging to the Ruler pertaining or incidental to the Government of the Covenanting State were to vest in the United States of Kathiawar and all similar duties and obligations of the Ruler were to devolve on the United States of Kathiawar and were to be discharged by it.