TAKHATRAY SHIVADATTRAY MANKAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal by special leave from the judgment of the Gujarat High Court dismissing the appeal made in Letters Patent Appeal No. 145 of 1978 arising from the order passed in Special Civil Application No. 268 of 1978 of the said High Court.

(2.) As this case has a chequrred history spreading over decades, we feel that the relevant facts that are necessary for the disposal of this appeal are to be stated in brief. The appellant was born on 15th January, 1909 and he obtained the Degree of Bachelor of Engineering (Civil). He joined the service of the erstwhile State of Junagadh in Saurashtra region on 1st August, 1934. While the appellant was in the service of Junagadh State he was governed by the Junagadh State Pension and Parwashi Allowances Rules of 1932 (hereinafter called as "Junagadh Rules) which had been published in the official Gazette of that State and which were subsequently condified and published in the Junagadh State Account Code. Rule 241-A of the aforesaid Junagadh Rules provided for pension and Parwashi Allowances. The State of Junagadh was integrated into the State of Saurashtra on 20th January, 1949. Thereafter the appellant was absorbed in the service of the State of Saurashtra. The supplementary continent which brought about the integration read with Art. 16 of the main covenant expressly protected the conditions of the service of the absorbed servants and the protection was also statutorily recognised by the Saurashtra Ordinance 3 of 1949 read with Ordinance 1 of 1948. A proclamation providing a guarantee that the conditions of service could not be varied to the disadvantage of the Covenanting State servants was also issued in that behalf on 20th January, 1949 which was the date of the merger of the State into the State of Saurashtra.

(3.) Based on the decision of this Court in Bholanath J. Thakar v. State of Saurashtra, AIR 1954 SC 680 wherein it was held that the rules as regards the age of superannuation which prevailed in the covenanting State which in that case was the State of Wadhwan, continued to cover those Government servants who had come from that State and had been absorbed in the services of the State of Saurashtra. The State of Saurashtra made the Saurashtra Covenanting Servants (Superannuation Age) Rules, 1955 (hereinafter called as "Saurashtra Rules") in exercise of the powers conferred by Art. 309 of the Constitution of India. Rule 3(i) provided :