Supreme Court of India · 1955-09-27
STATE OF MADRAS AND ANOTHER vs K.M. RAJAGOPALAN.
- Citation / case number
- SC 1954/90323
- Court
- Supreme Court of India
- Petitioner
- STATE OF MADRAS AND ANOTHER
- Respondent
- K.M. RAJAGOPALAN.
- Bench
- BOSE, VIVIAN,BHAGWATI, NATWARLAL H.,JAGANNADHADAS, B.,SINHA, BHUVNESHWAR P.,IMAM, SYED JAFFER
Judgment text excerpt
The Supreme Court held that the conferral of Independence on India resulted in an automatic and legal termination of service for civil posts as of 15th August 1947, as per Article 7(1) of the India (Provisional Constitution) Order, 1947 and Section 10(2)(a) of the Indian Independence Act, 1947. However, individuals previously holding civil posts are deemed to have continued in service unless affected by specific orders. The court affirmed that the respondent's termination was valid as he was informed prior to Independence, thus upholding the High Court's decision that the termination was in accordance with statutory provisions under Section 240 of the Government of India Act, 1935.