J. K. VASAVADA & ORS. versus CHANDRAKANTA CHIMANLAL BHAVSAR & ANR.

J. K. VASAVADA & ORS. versus CHANDRAKANTA CHIMANLAL BHAVSAR & ANR.

The Gujarat Government was competent to make the rules in 1962 prescribing G.D.C. & A. examination for promotion, as the Central Government circular of 1957 operated as an approval under both the States Reorganisation Act, 1956 and continued to apply under the Bombay State Reorganisation Act, 1960.

Source-derived case information.

Parties
Appellant: J. K. Vasavada & Ors.; Respondent: Chandrakanta Chimanlal Bhavsar & Anr.; Respondent Advocate: M. V. Goswami; Respondent Advocate: M. N. Shroff; Respondent Advocate: S. T. Desai, P. H. Parekh, Manju Jaitley
Jurisdiction
India
Judgment Date
28 August 1975
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order of Gujarat High Court in Special Civil Application No. 231 of 1968
Outcome
Appeal allowed. Judgment of Gujarat High Court set aside.
Legal Topics
Conditions of Service, Promotion of Government Employees, Reorganisation Acts, Application of Central Government Circulars
Service Law Constitutional Law Conditions of Service Promotion of Government Employees Reorganisation Acts Application of Central Government Circulars

Source-derived case record

Summary, issues, holding and outcome

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Parties

J. K. Vasavada & Ors.

Appellant

Chandrakanta Chimanlal Bhavsar & Anr.

Respondent

M. V. Goswami

Respondent Advocate

M. N. Shroff

Respondent Advocate

S. T. Desai, P. H. Parekh, Manju Jaitley

Respondent Advocate

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order of Gujarat High Court in Special Civil Application No. 231 of 1968

Legal Issues

  1. 1 Whether the Government of Gujarat could lay down passing of G.D.C. & A. examination as a necessary qualification for promotion for employees allotted from Bombay State without fresh approval from Central Government.
  2. 2 Whether such orders varied the conditions of service to the disadvantage of the employees contrary to s. 81(6) of the Bombay State Reorganisation Act, 1960.

Ratio Decidendi

The Gujarat Government was competent to make the rules in 1962 prescribing G.D.C. & A. examination for promotion, as the Central Government circular of 1957 operated as an approval under both the States Reorganisation Act, 1956 and continued to apply under the Bombay State Reorganisation Act, 1960.

Court Disposition

Appeal allowed. Judgment of Gujarat High Court set aside.

Orders

  • Order of Government of Gujarat (1962) laying down G.D.C. & A. examination as a qualification for promotion is valid.
  • No recovery shall be made from the respondents for sums already drawn.