STATE OF MADRAS Vs. K M RAJAGOPALAN

JUDGEMENT

(1.) This is an appeal by the State of Madras and the Union of India against the judgment and decree of the High Court on a certificate granted by that court under Art. 133 of the Constitution. The appeal arises out of a suit filed by the respondent herein, who was a member of the Indian Civil Service, for a declaration that the order issued by the Chief Secretary to the Government of Madras on 7-8-1947, purporting to terminate his services as from the afternoon of 14-8-1947, is null, void and inoperative and that he must be deemed to continue in the Indian Civil Service as a member thereof.

(2.) The case for the plaintiff is short and simple. He was recruited to the Indian Civil Service by open campetitive examination in 1936 and joined duty in the then Province of Madras in October, 1937. Since then he was serving under the Government of Madras in various situations. The last office he held was as Sub-Collector and Joint Magistrate at Dindigal. On 2-6-1947, ho went on leave. While on leave, he received a letter from the Government of India dated 19-6-1947, Wherein he was asked whether he was willing to continue in the service of the Government after the then contemplated transfer of power from the British Government to the Dominion of India on 15-8-1947.

(3.) The plaintiffs claim is based on the contention that the termination of his services by the order dated 7-8-1947, is in violation of the statutory guarantee relating to his service under S. 240, Government of India Act,1935, which continued to be operative till the midnight of 14-8-1947, and he relies on High Commissioners for India v. I. M. Lalls. AIR 1948 PC 121 (A). To this suit both the State of Madras and the Union of, India were impleaded as defendants and their defence was substantially the same. It is to be found in para 6 of the written statement filed by the State of Madras which is as follows :