Saturday, July 2, 2011

States Reorganisation - Appeals against orders of dismissal, removal or compulsory retirement from service passed by the pre-Reorganised Madras State

O.M.No: 6400/58-15, dated 24th March 1960.
Sub:- States Reorganisation - Appeals against orders of dismissal, removal or compulsory retirement from service passed by the pre-Reorganised Madras State prior to 1st November 1956 - Authority to dispose of - Decisions of the Government of India-Communicated.
Ref:- From the Government of India, Ministry of Home Affairs, letter No.21/3/58-SR(S), dated 5th February 1960.
It has been brought to the notice of the Government that several officers in the service of the pre-Reorganised Madras State prior to 1st November 1956, who would in the normal course have been allotted to Kerala or Mysore State consequent on the Reorganisation of States, if they had been available for allotment just before the date of Reorganisation, but were dismissed, removed or compulsorily retired from service before that date, had before or after the date, preferred petitions or appeals against orders passed in their case by the pre-Reorganised Madras State. The question as to the State Government which should deal with such petitions or appeals, was examined by the Government in consultation with the Government of India.
2. The Government have decided to accept the decision of the Government of India in the matter and direct that the present Madras State which is the principal successor State in respect of the pre-Reorganised Madras State, should consider and decide on merits any appeal or petition preferred before or after the 1st November 1956 by an officer dismissed, removed, or compulsorily retired from service prior to 1st November 1956. If on a consideration of the merits of the case, it is decided by this Government to allow the appeal after undergoing all the procedures and formalities prescribed therefor and to reinstate the officer necessary orders should be passed by this Government and the officer should be reinstated in this State. Thereafter, the question of the allocation of the officer to the new Kerala or Mysore State, as the case may be, as if he was available for allotment on the 31st October 1956 should be taken up for consideration. If it is decided to allot the officer to any other State, the concurrence of the other State Government should be obtained. In cases of disagreement, the Government of India in the Ministry of Home Affairs, should be approached for passing necessary orders.
3. The Heads of Departments and the Departments of Secretariat are requested to take action as outlined in para 2 above and dispose of the appeals or petitions already pending with them and that may be received by them hereafter.
4. The receipt of this memorandum should be acknowledged.

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