LexPROMOD CHANDRA DEB AND OTHERS versus THE STATE OF ORISSA AND OTHERS
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SUPREME COURT REPORTS
405
in such a case may be to make a comprehensive re-
ference of the di8pute to the competent industrial
tribunal and invite the tribunal to make a proper
award in that behalf. We are, therefore, inclined to
take the view that cls.3 to 7 which form an integral
scheme are outside the purview of the powers con-
ferred on the respondent by s. 5 of the Act and must
therefore be declared to be ultra vires. It is
common-ground that these clauses are severable
from els. l and 2 and that their invalidity does not
affect the validity of the said two clauRes.
In the result Civil Appeals Nos. 415 and 417
are allowed and Civil Appeals Nos. 416 and 418 are
dismissed. Respondent to pay the costs of the
petitioners in Civil Appeals Nos. 415 and 417. One
set of hearing costs.
O. A. Nos. 415, 417 allowed.
O. A. Nos. 416, 418 dismissed .
PROMOD CHANDRA DEB AND OTHERS
v.
THE STATE OF ORISSA AND OTHERS
(B. P. SINHA, c. J., s. IC DAS, A. K.
SARKAR
N. RAJAGOPALA AYYANGAR and J. l{. J\IuDHOLK~R,
JJ.)
Khor Posh Grant-Maintenance allowance granted by Ex-
Ruler of State-Merger of State with the Dominion of lndia-
Abrogation of grant by executive act.ion-if an act of State-
Oonstitutiona/ Validity-Constitution of India, Arts. 14, 19(1)
(/), 31-Extra Provincial J,,risdiction Act, 1947(47 of 1947)
ss. 3, 4, 5-Administration of Ori.,a States Order, 1948, Para'.
4(b)-8tates' M.rger (Governors' Pmvinces) Order, 1949, ss. 3.
4,-Government of India Act, 1935 (26 Geo. 5, ch. 2) s. 299 ( l).
The petitioners, who were holders of Khor Posh grants
from the Rulers of Talcher, Bamra and Kalahandi before
these states merged with the Dominion of India, chall"n.~ed
the constitutional validity of certain orders passed by the State
1961
Bidi, Bidi ltavtt and
Tobacco A1 erchants'
.Association
v.
The State of Bomb•y
G•jendr apndkar J.
1961
October ltl
l'r•moi Chatlr• Deb
v.
Tiu Slat1 of Oris so
406 SUPREME COURT REroRTS (1962] SUPP.
of Orissa and the Union of India annulling those grants which
, the Petitioners claimed were
ba~ed on the law and custom
prevailing in these states relating to maintenance of the junior
members of the Ruling family.
The grant in controversy in
Petition No. 79 of 1957, made by the Ruler ofTalcher under
Order 31 of the Rules and Regulations of the State ofTalcher,
1937, originally of land but converted in 1944 into money
grant, was regularly paid till April 1949. The grant in
Petition No. 167 of 1958, made by the Ruler of Bainra prior
to January I, 1948, was annulled on June 8, 1949, by the
Government of Orissa as the delegate of the Governmcn t of
India under. s. 4 of the Extra Provincial Jurisdiction Act 1947.
The petitioner in Petition 168 of 1958 was the same as in the
previous petition.
He was granted an increased allowance by
the Ruler of Bamra on December 8, 1947. The grant was
recognised on June 11, 1949, but paid at a reduced rate from
April I, 1948, to July 1, 1957, and was annulled by a state·
ment made on June 29, 1957, hy tho Chief .Minister of Orissa
in Legislature. The allowance in favour of the first petitionr.r
in Petition No. 4 of I 9'1!J; tho widow of the late Maharaj a of
Kalahandi, fixed by the Political Department of tlte Govern-
ment of India in l~l39, and the a11owance granted to the second
petitioner by the Ruler, were paid till they were
annulled by
the aforesaid statement of the Chief Minister of 01 issa.
By
the Merger Agreements signed by the Rulers on or after
December 14, 1947, Sovereignty over these States vested in
the Dominion of India before January I, 1948, and in exercise
of its powers under s. 3(2) of the Extra Provincial Jurisdiction
Act, 1947, which came into effect on December 24, 1949, the
Central Government delegated its powers to the Government
of Orissa to administtr the States. On January I, 1948, the
Government of Orissa in exercise of its powers under s. 4 of
that Act made an order called the Administration of Orissa
States Order, 1948, para. 4(b) of which provided, inter alia,
that all prior Jaws, which included Rules, Regulations, byc-
laws and orders, whether based on custom or u•age, would
continue in force
until altered or amended by an order under
the Extra Provincial Jurisdiccion Act, 1947. Bys. 3 of the
States' Merger (Governors' Provinces) Order, 1949, which
caine into cft'ect on August I, 1949, these States became parts
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