LAXMAN HIRWAY Vs. STATE OF MADHYA BHARAT

JUDGEMENT

(1.) THIS is a writ under Article 226 of the Constitution of India for the issue of writs of mandamus and prohibition against the State of Madhya Bharat and now against the successor Government, the Government of Madhya Pradesh.

(2.) THE facts giving rise to this petition are that the petitioner L. P. Hirway entered the service of the Gwalior State as a Judicial Officer in 1940; in 1946 he was dismissed by the Gwalior Government on account of-a frivolous prosecution launched against him, which was eventually withdrawal by the Government, He represented his case to the Gwalior Government, taut in the mean time the State of Gwalior merged in Madhya Bharat. The efforts of the petitioner to press his representation continued and it seems that on 2-11-49, the petitioner was appointed Judge, Labour Court (Madhya Bharat) on a temporary and provisional basis for sis months. He continued in this capacity beyond six months and while he was continuing as Labour Judge, his representation, against his dismissal by the gwalior Government was allowed and the Government of Madhya Bharat reinstated him and Memo No. 3024/xiv/, 52/165 (50) dated 28-10-52 was issued to that effect. The Memo ran as follows;-" in consideration of the representation of Shri L. P. Hirway, Judge, labour Court, Indore against his removal from service from the post of pargana Judicial office, Khachrod under orders of the then Gwalior government as notified in the Gwalior Government Gazette dated 14-121946 under notification No, 36/2003 dated 9-12-1946, the Rajpramukh has been pleased to order that Shri Hirway be treated as reinstated into service of the State from the date on which he took over as Judge, labour Court. The period prior to his removal would qualify for pension, leave and other benefits, Tit is further ordered that the break in his service from 4-9-1946 i. e. the date of his dismissal to 27-11-49, the date on which he took over as Judge, Labour Court be condoned. No salary will be payable to him for this period, nor would this period count towards any other benefits under the service rules".

(3.) BY this order he was taken back in service and all the benefits by way of leave and pension which he had earned prior to his dismissal, were restored to him.