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september 1955

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.

STATE OF MADRAS AND ANOTHER vs K.M. RAJAGOPALAN. · Niyam