STATE OF MAHARASHTRA Vs. K S RANA

JUDGEMENT

(1.) Respondent No. 1 in each of the present four appeals was in judicial service either in Kutch State or Saurashtra State prior to their merger in the Bombay State and Gujarat State. A provisional gradation list of the Judicial Officers prepared by the State Government in accordance with their seniority was issued in 1960. The question of the inter se seniority as indicated by the list was in controversy, but in view of the limited scope of the present case it is not necessary to give the details thereof except stating that a modified list was issued on the 7th April, 1976. Respondent No. 1 in each of the present appeals filed separate writ application before the Bombay High Court challenging the list, inter alia, on the ground that the same having been prepared by the State Government was illegal. It was contended that in view of the provisions of Art. 235 of the Constitution of India, the power to decide the issue of seniority of the Judicial Officers vests exclusively in the High Court. The argument was accepted by the High Court by the impugned judgment and the seniority list has been quashed. The State has filed these appeals after obtaining special leave under Art. 136 of the Constitution and they are being disposed of by this common judgment.

(2.) Admittedly the merger of the States in question took place under the provisions of the States Reorganisation Act, 1956 (hereinafter referred to as the Act). Mr. H.C, Bhandare, learned counsel appearing in support of the appeals, contended that in view of S. 117 of the Act quoted below, it is the State Government which is vested with the authority to decide the question of seniority amongst the Judicial Officers, and Art. 235 of the Constitution does not apply in the present cases:-

(3.) We, accordingly, dismiss the appeals without deciding the controversial point mentioned earlier. There will be no order as to costs.