ASSISTANT SECRETARY TO GOVT Vs. A VENKATA RAO

JUDGEMENT

(1.) Writ Appeal No. 1773 of 1988 by the Government of A.P., (second respondent in the writ petition) is from the judgment of the learned single Judge in Writ Petition No. 5415 of 1981/by which the claim of the first respondent (writ petitioner) was allowed and a Mandamus was issued directing the State Government and the High Court to pay full arrears of salary and allowances to the writ petitioner from the date of his promotion and revise his pension in the light of the revised pay and allowances. A time limit of three months was also set for effecting the revision in his pension. The petitioners in Writ Petition No. 3917 of 1989 and the first respondent in Writ Appeal No. 1773 of 1988 are similarly circumstanced. In view of the commonality of the questions that fall for consideration in W.P. No. 3917 of 1989 and W.A.No. 1773 of 1988, they are disposed of by this common judgment.

(2.) The first respondent in W.A.No. 1773 of 1988 and the petitioners in W.P.No. 3917 of 1989 are retired District and Sessions Judges. They all joined service in the erstwhile State of Hyderabad as District Munsifs prior to 1-11-1956 and all of them were allotted for service in the State of A.P. with effect from 1-11-1956 by virtue of the provisions of Section 115 of the States Re-Organisation Act, 1956 (for short 'S.R. Act'). The Central Government was empowered by sub-section (5) of Section 115 of the S.R. Act to establish one or more Advisory Committees for the purpose of assisting it in regard to

(3.) Sub-section (7) of Section 115 of the S.R. Act saves the various provisions of Chapter I of Part XIV of the Constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the Union or any State. But the proviso lays down that the conditions of service applicable immediately before the appointed day to the allotted employees shall not be varied to their disadvantage except with the previous approval of the Centrrl Government. Section 117 of the S.R. Act confers power on the Central Govt. to issue directions at any time before or after the appointed day (1-11-1956) for the purpose of giving effect to the provisions of Part X of the S.R. Act (Sections 114 to 118) and the State Gcvt. shall comply with such directions.