JAGANNATH PRASAD SAXENA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioner Jagannath Prasad Saxena was serving as an assistant geologist in the Vindhya Pradesh State till 18th June 1956 when he received an order of the lieutenant Governor, Vindhya Pradesh, terminating his services on payment of his salary for the period of notice admissible to him under the rules. It is this order which he questions in this petition. To understand, however, his case it is necessary to set out the facts at some length.

(2.) REWA State granted him a stipend to study a course of geology at Lucknow university. Under the agreement executed by him, he was to serve the state after completing his University education for a period of five years. On 19th August 1949, having obtained the degree of M. Sc. (Geology) from the University, he was appointed as assistant geologist to that State. Annexure 1 to the petition is the order appointing him. Jagannath Prasad Saxena was to get a time scale of Rs. 300--15--450 with effect from the date he joined his duties.

(3.) PRIOR to this, however, several constitutional changes had taken place and in march 1948 the United State of Vindhya Pradesh had come into being on agreement between the Rulers of the States comprised in Baghelkhand and bundelkhand. The United State of Vindhya Pradesh came to an end on 1 January 1950 because of an agreement made on 26th December 1949 between the governor-General of India and the Rulers of the Statea forming the United State of vindhya Pradesh. From that day the governance of Vindhya Pradesh was taken over by the government of India. Later, from the 23rd January 1950 Vindhya Pradesh was to be administered in all respects as if it were a Chief Commissioner's Province vide the States' Merger (Chief Commissioners' Provinces) Order, 1950. It continued as a Chief Commissioner's province till the States Reorganisation Act was passed when it became a part of the present State of Madhya Pradesh.