GOPAL VISHNU PITRE Vs. STATE

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution of India, challenging the order of the Madhya Bharat Government on 27 -12 -56.

(2.) THE facts giving rise to this petition in short are that during the integration in Education Department, the petitioner was fixed as a Head Clerk in the office of the Director of Education, Against this order, the petitioner made a representation to Government and the Madhya Bharat Government by its order dated 28 -10 -56, ordered him to be made the Office Superintendent. Thereupon the Director of Education submitted to Government that in integrating the petitioner on the post of Office Superintendent, the claims of Sarvate have been over -looked. The Government seems to have reviewed its order and on 31 -10 -56 cancelled its previous order of 28 -10 -1956 and appointed Sarvate on the post of Office Superintendent, a post which he was already holding. At the time of reviewing its order, the Government gave no opportunity to the petitioner to be heard. The contention sought to be raised in this petition are two: -

(3.) EVERY integration necessarily involves a reorganisation of the various services in the several integrating States. Their Lordships of the Supreme Court in A.I.R. 1958 S.C. 228 (Rufvi Amar Singh vs. State of Rajastan) have observed that "it is well established that when one State is absorbed in another, those who elect to serve in the new State serve on such terms and conditions as the new State may choose". The integration proceedings constitute an administrative act, in which the Government resorts to a process of "pick and choose". It is the discretion of the Government to retain any one on any post. In the words of the Supreme Court (supra). "it is nothing more (though on a more exalted scale) than an application of the principle that underlies the law of Master and Servant." From the very nature of things, the task integration is an onerous one; it is a matter of common knowledge that in the process of integration some are kicked upstairs, some are jerked down and some have no place either upstairs or downstairs. But integration being essentially an administrative affair, it would not be proper for High Court to interfere.