STATE OF BOMBAY Vs. RAGHUNATH BALKRISHNA CHANDRACHUD

JUDGEMENT

(1.) THESE three appeals arise out of three suits instituted by three different plaintiffs against the same defendant, the State of Bombay. They have been heard together and the principal points raised and argued before us are common to them; accordingly they will be disposed of by one judgment which will be delivered in F. A. No. 172 of 1956.

(2.) F .A. No. 172 of 1956 is preferred by the State of Bombay against the decree passed in favour of the plaintiff, Dr. Raghunath Balkrishna Chandrachud, in Special Suit No. 46 of 1952.

(3.) ON January 9, 1948, His Highness the Gaekwar of Baroda issued a Proclamation announcing his intention of constituting an interim Government by appointing popular representatives to his Executive Council. In view of such Proclamation it was considered likely that the services of the official members of the Executive Council in the position of the plaintiff would have to be prematurely terminated. On January 28, 1948, the salary of the plaintiff was raised from Rs. 2,000 to 2,500 per month. In order to provide for the contingency of compulsory and premature retirement of such Government members of the Executive Council, His Highness the Gaekwar issued an order (exh. 97) on February 8, 1948. It was a follows: - 1. Department. Secretariat,2. No. and date of Tippan.3. Subject: -Hazur Order dated 8 -2 -1948:His Highness the Maharaja Saheb has been pleased to order that in the event of premature retirement of the Government Members, Messrs. D. V. Gaekwad and Chandrachud, they will get forthwith as compensation an amount equal to the total amount they would have received had they continued in service upto the due date of retirement and a full pension of Rs. 500 per month from the date of premature retirement. 2. Mr. D. V. Gaekwar's salary is raised to Rs. 2000 from the date of his confirmation as Naib Diwan. Sign Manual.