D.G. ASEGAONKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a petition under Articles 226 and 227 of the Constitution.

(2.) THE petitioner Shri Asegaonkar is a permanent Government servant. He was a permanent lower division clerk in the scale of pay of Rs. 50 -5 -70 -4 -90 -EB -3 -120 in the office of the Board of Revenue in the former State of Madhya Pradesh when Vidarbha region was part of the State. The petitioner was promoted to the post of Upper Division clerk, second grade, in the pay scale of Rs. 75 -5 -125 -EB -10 -175 with effect from 1st November 1950. The petitioner was holding this post and working on it continuously till the first re -organisation of the States in the year 1956. On re -organisation of the State and Vidarbha region having been included in the new State of Bombay, the petitioner was allocated to the successor State, the Bilingual State of Bombay. As a result of this allocation the petitioner became an allocated Government servant within the meaning of the States Re -organisation Act, 1956. The new State of Bombay framed allocated Government Servants (Absorption, Seniority, Pay and Allowances) Rules in exercise of the powers conferred upon it by Article 309 of the Constitution and the States Re -organisation Act. The Rules seem to have been promulgated under Government Resolution dated 18th October 1957.

(3.) THE relevant entry in the list of allocated Government servants absorbed in the Bombay Revenue Tribunal shows that the petitioner who was working in the office of Board of Revenue of the former State of Madhya Pradesh from which he was allocated, was absorbed as Aval Karkun in the pay scale of Rs. 100 -8 -140 -10 -170, the designation of equivalent post in the Bombay State being that of Aval Karkun.