V.B. RAJU versus STATE OF GUJARAT & ANR

V.B. RAJU versus STATE OF GUJARAT & ANR

An allotment of a Judge to another High Court upon State reorganisation under Section 29(1) of the Bombay Reorganisation Act is not a transfer within the meaning of Article 222(1) of the Constitution and does not entitle the Judge to compensatory allowance under Article 222(2).

Parties
Appellant: V.B. Raju; Respondents: State of Gujarat & Anr.
Jurisdiction
India
Judgment Date
04 September 1980
Procedural Posture
Civil Appeal / Appeal From Gujarat High Court's Letters Patent Appeal No. 255/71, Judgment Dated 2 8 1973
Outcome
Appeal dismissed
Legal Topics
Transfer of High Court Judges, State Reorganisation, Compensatory Allowance Under Article 222(2)
Constitutional Law Transfer of High Court Judges State Reorganisation Compensatory Allowance Under Article 222(2)

Case Brief

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Parties

V.B. Raju

Appellant

State of Gujarat & Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal From Gujarat High Court's Letters Patent Appeal No. 255/71, Judgment Dated 2 8 1973

Legal Issues

  1. 1 Whether allotment of a Judge to another High Court on State reorganisation amounts to a 'transfer' under Article 222(1) of the Constitution and if the Judge is entitled to the compensatory allowance under Article 222(2)

Ratio Decidendi

An allotment of a Judge to another High Court upon State reorganisation under Section 29(1) of the Bombay Reorganisation Act is not a transfer within the meaning of Article 222(1) of the Constitution and does not entitle the Judge to compensatory allowance under Article 222(2).

Court Disposition

Appeal dismissed

Orders

  • No order as to costs