UNION OF INDIA Vs. P K ROY

JUDGEMENT

(1.) This appeal is brought, by special leave, from the judgment of the Madhya Pradesh High Court dated April 29, 1964 in Miscellaneous Petition No. 371 of l962. By its Judgment the High Court held that the preparation of provisional gradation lists by the State of Madhya Pradesh under the relevant provisions of the States Reorganisation Act, 1956 (Act 37 of 1956), hereinafter referred to as the "said Act", was unwarranted in law and the final list published on April 6, 1962 prepared by the State Government under instructions from the Central Government with regard to the integration of officers of the Engineering Department was illegal and ultra vires and must be quashed by the grant of a writ

(2.) The said Act was enacted to provide for the reorganisation of the States of India and for matters connected therewith and came into force with effect from November 1, 1956. By Section 9 (1) of the said Act there was formed a "new State" to be known as the State of Madhya Pradesh comprising the following territories :

(3.) Subsequent to the passing of the said Act a meeting of the Chief Secretaries of the various States that were to be affected by the reorganisation was held at Delhi on May 18 and 19, l956 at the invitation of the Central Government. In this meeting certain decisions were taken as to the general principles that should be observed with regard to the integration work. By their letter No. 62/22/56 SR 11 dated April 3, 1957 (Annexure R-l of the counter-affidavit) the Government of India informed the State Government that they had decided that the work of integration of services should be dealt with by the State Governments in the light of general principles already decided in the meeting of the Chief Secretaries. The State Governments were also informed that the Central Government was constituting Advisory Committees for assisting them in dealing with the representations from the officers affected by reorganisation. With regard to the principle for determining equation of posts and relative seniority the following conclusions were reached at the conference of the Chief Secretaries :