STATE OF MAHARASHTRA & ANR. vs VINAYAK

The Supreme Court held that the Maharashtra Government circular No. SRV-1064 dated 25.2.1965 does not alter the conditions of service of the respondent adversely, as it does not fall under the proviso to Section 115(7) of the States Reorganisation Act. The Court clarified that this circular is not applicable to seniority and supersession issues arising from the Reorganisation of States, and that Rule 21 of the Allocated Government Servants (Absorption, Seniority, Pay and Allowances) Rules, 1957 does not provide an entitlement but restricts the right to pay and allowances to the date of availability for service. The appeal was allowed, overturning the High Court's decision in favor of the respondent regarding seniority and arrears of pay.