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september 1980

Supreme Court of India · 1980-09-04

V. B. RAJU vs STATE OF GUJARAT & ANR.

Citation / case number
SC 1974/60255
Court
Supreme Court of India
Petitioner
V. B. RAJU
Respondent
STATE OF GUJARAT & ANR.
Bench
KOSHAL, A.D.

Judgment text excerpt

The Supreme Court held that an order under Section 29 of The Bombay Reorganization Act, 1960, which allocated judges from the Bombay High Court to the newly established Gujarat High Court, does not constitute a transfer under Article 222(1) of the Constitution. The Court clarified that entitlement to compensatory allowance under Article 222(2) is contingent upon a judge being 'so transferred' as per Article 222(1). Since the appellant was allotted to the Gujarat High Court rather than transferred, he was not entitled to the compensatory allowance claimed.

V. B. RAJU vs STATE OF GUJARAT & ANR. · Niyam