Supreme Court Remands Seniority Dispute to Bombay High Court for Fresh Hearing; Central Government Final Authority Under States Reorganisation Act. Ex Parte High Court Order on Equation of Posts and Gradation List Set Aside as it Encroached on Central Government's Functions Under Sections 115 and 117 of the States Reorganisation Act, 1956.

Writ petition under Article 226 of the Constitution challenging government resolutions, gradation list, and promotion orders arising from integration of services after States Reorganisation.

Original petitioners sought to quash Bombay Government Resolutions dated 17 February 1958 and 16 May 1969, provisional gradation list dated 27 September 1969, and promotion orders dated 5 and 6 June 1970 with consequential reliefs; appellants before Supreme Court sought to set aside the ex parte High Court order and restore the writ petition for rehearing.

Disputes arose among Agricultural Officers from former Hyderabad, Madhya Pradesh, and Bombay States over equation of posts, absorption, and seniority after their allotment to the new bilingual State of Bombay; the Bombay High Court disposed of the writ petition ex parte without hearing affected Madhya Pradesh region officers and the State, leading to the appeal.

Nagpur Bench of Bombay High Court in Special Civil Application No. 361 of 1964 allowed the writ petition on 6 December 1967, quashing Government Resolution dated 9 September 1960, combined seniority list dated 22 August 1962, and absorption order dated 11 May 1962; the Supreme Court allowed withdrawal of the appeal by Hyderabad officers on 23 January 1969 with liberty to make representations under Section 115 of the States Reorganisation Act; thereafter, Government of Maharashtra passed Resolution dated 16 May 1969 and prepared gradation list on 27 September 1969, leading to Special Civil Application No. 1354 of 1970, which the Bombay High Court allowed ex parte on 9 December 1971.

Whether the High Court could decide issues of gradation, seniority, equation of posts, and absorption of officers allotted to the new bilingual State of Bombay under the States Reorganisation Act, 1956. Whether the High Court could direct the State Government to act within a fixed time and grant automatic relief of equation, absorption, and seniority upon default, despite the Central Government being the final authority under Sections 115 and 117 of the Act. Whether the ex parte disposal of the writ petition without opportunity to affected parties and the State violated principles of natural justice and warranted rehearing.

Under Sections 115 and 117 of the States Reorganisation Act, 1956, read with Sections 81 and 83 of the Bombay Reorganisation Act, 1960, the Central Government is the final authority for division and integration of services, determining principles governing equation of posts, and preparing common gradation lists, with a duty to ensure fair and equitable treatment and consider representations. The High Court cannot assume these functions, nor can it impose time limits that result in automatic relief; affected parties must be heard before adjudication.

There is sufficient guideline in Part X of the States Reorganisation Act 1956 and also in Part VIII of the Bombay Reorganisation Act 1960 that the Government of India is the final authority in the matter of division and integration of services among the new states to ensure a fair and equitable treatment to all persons affected by the reorganisation including proper consideration of any representation made by concerned persons. It is well settled that the Central Government under section 115 of the Act has to determine the principles governing equation of posts and prepare common gradation lists by integration of services and in doing so to ensure fair and equitable treatment to all persons concerned. The High Court cannot clothe upon itself the authority for performing the functions which are specifically and expressly intended to be the duty of the Central Government under the Act. Under the circumstances, this Court directs rehearing of the special civil application no. 1354/70 after giving opportunities to all the parties concerned.

On 1 November 1956, States Reorganisation led to allotment of officers from Hyderabad, Madhya Pradesh, and Bombay to the new bilingual State of Bombay. The Bombay Government passed Resolution dated 17 February 1958 on equation of posts, later altered by Resolution dated 9 September 1960 and combined seniority list dated 22 August 1962, with absorption order dated 11 May 1962. Agricultural Officers challenged these before the Nagpur Bench in Special Civil Application No. 361 of 1964; the Nagpur Bench allowed the petition on 6 December 1967, quashing the resolution, seniority list, and absorption order. Hyderabad officers appealed to the Supreme Court in Civil Appeal No. 1366 of 1968, but withdrew on 23 January 1969 with liberty to make representations under Section 115. Representations were made, and the Government of Maharashtra passed Resolution dated 16 May 1969, prepared gradation list on 27 September 1969, and issued promotion orders on 5 and 6 June 1970. Respondents 1 to 19 filed Special Civil Application No. 1354 of 1970 in the Bombay High Court; rule was granted on 30 June 1970. The High Court allowed the petition ex parte on 9 December 1971, granting prayer (a) and directing the State to decide equation within three months else automatic equation/absorption/seniority from 1 November 1956. The present appellants filed the instant appeal by special leave, leading to the Supreme Court judgment dated 8 April 1974. Another Special Civil Application No. 1126 of 1971 filed by the appellants was still pending before the Nagpur Bench at the time of the Supreme Court judgment.

• States Reorganisation Act, 1956: Section 115, Section 117
• Bombay Reorganisation Act, 1960: Section 81, Section 83
• Constitution of India: Article 226
• Code of Civil Procedure, 1908: Order 1 Rule 8