Case: K.N. Shukla Vs Union of India (UOI) and Ors.. High Court of Madhya Pradesh (India)
| Judges | A.K. Patnaik, C.J. and Ajit Singh, J. |
| Issue | Constitution Of India |
| Citation | 2009 (1) MPHT 128 |
| Judgement Date | November 05, 2008 |
| Court | High Court of Madhya Pradesh (India) |
Order:
A.K. Patnaik, C.J., (At Jabalpur)
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The petitioner has been holding the post of Joint Director, Directorate of Agriculture, Bhopal in the State of Madhya Pradesh since 2-8-1996. Parliament enacted the Madhya Pradesh Re-organisation Act, 2000 (for short '2000 Act') forming some of the erstwhile territories of the existing State of Madhya Pradesh as a separate State of Chhattisgarh on and from the "appointed day". In Section 2 (a) of the 2000, "appointed day" was defined as the date which the Central Government may, by notification in the Official Gazette, appoint. The Central Government appointed 1st of November, 2000 as the appointed day. Sub-section (1) of Section 68 of the 2000 Act provided that every person who immediately before the appointed day is serving in connection with the affairs of the existing State of Madhya Pradesh shall, on or from that day provisionally continue to serve in connection with the affairs of the State of Madhya Pradesh unless he is required, by general or special order of the Central Government to serve provisionally in connection with the affairs of the State of Chhattisgarh. Sub-section (2) of Section 68 of the 2000 Act further provided that as soon as after the appointed day, the Central Government shall, by general or special order, determine the successor State to which a person referred to under Sub-section (1) shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken affect. On 8-8-2002, an order was issued under Section 68 of the 2000 Act provisionally allocating the petitioner to the State of Chhattisgarh. Section 69 of the 2000 Act provided that nothing in Section 68 shall be deemed to affect on or after the appointed day the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to determination of the conditions of service of the persons serving in connection with the affairs of the Union or the State. Section 70 of the 2000 Act further provided that every person who immediately before the appointed day is holding or discharging duties of any post or office in connection with the affairs of the existing State of Madhya Pradesh in any area which on that day falls within any other successor State shall continue to hold the same post or office in that successor State and shall be deemed on or from that day duly appointed to the post or office by the Government or any other authority in that successor State. The petitioner has filed this petition under Article 226 of the Constitution praying inter alia for declaring the provisions of Sections 68,69 and 70 of the 2000 Act as ultra vires the Constitution.
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Mr. V. Jayaraman, learned Counsel, appearing on behalf of the petitioner, submitted that under Article 246(3) of the Constitution, the...
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