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1 - 7 of 7 (0.18 seconds)The States Reorganisation Act, 1956
Article 309 in Constitution of India [Constitution]
Union Of India & Anr vs P.K. Roy & Ors on 9 November, 1967
The power of the Central Government with regard to
division and integration of service came up for
consideration before this Court in Union of India & Anr. v.
P. K. Roy & Ors.(1). It was said there that the work of
integration requires the formulation of principles, the
actual preparation of preliminary gradationlist in
accordance with the principles, the invitation of
representations by the persons affected thereby, the
consideration of representations and the publication of the
final gradation list incorporating the decision upon the
representations. The Act also empowers the Central
Government to establish Advisory Committees for the purpose
of assisting the Central Government. In P. K. Roy's(1) case
(supra) the ruling of this Court was that the preliminary
work of preparation of the gradation list on the principles
decided upon by the Central Government could be left to the
State Government concerned and there would be no mischief of
delegation of power by that course of action. The power of
the Central Government under section 115 of the Act is that
the decision has to be of the Central Government. The
Central Government can therefore take the aid
(1) [1968] 2 S.C.R. 186,
957
and assistance of the State Government in the matter of
effecting the integration of the services but the final
integration is to be, done, only with the sanction and
approval of the Central Government. In the present appeals,
there is no question of delegation. The integration of
services is to be done by the Central Government. In the
task of integration of services the Central Government will
consider the rival contentions of Andhra officers and
Telengana area officers as to whether the services of the
Andhra officers were stop-gap or fortuitous arrangements.
Section 11 in The States Reorganisation Act, 1956 [Entire Act]
Article 32 in Constitution of India [Constitution]
N. Raghavendra Rao vs Deputy Commissioner, South ... on 31 March, 1964
In Raghavendra Rao's case (supra) the Central
Government on 11 May, 1957 addressed a memorandum to all
State Governments. The Central Government there said that
some conditions of service should be protected. The matters
for protection mentioned were substantive pay of permanent
employees, certain type of special pay and leave rules in
certain cases. With regard to departmental promotion, the
Central Government memorandum said that the question whether
any protection should be given in respect of rules and
conditions applicable to Government servants affected by
reorganisation immediately before the date of reorganisation
in the matter of travelling allowance, discipline, control,
classification, appeal, conduct, probation and departmental
promotion was also considered. The Central Government
memorandum agreed with the State view that it would not be
appropriate to provide for protection in the matter of those
conditions. This memorandum was construed by this Court to
amount to an approval by the Central Government of change of
service rules by the State. It, therefore, follows that if
there is any question of change of conditions of service it
will have to be found out whether in the first place it
amounts to change in the conditions of service and, if so,
secondly to find out whether there was prior approval of the
Central Government. One of the contentions advanced by the
Telengana officers in the present appeals was that the
retrospective
(1) [1964] 7 S.C.R. 549.
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