In his writ petition, questioning the order of his dismissal, the first respondent had also asked for a decla ration that he had companytinued in service since the date of his suspension and companymencement of disciplinary proceedings.
It observed It is further ordered that this is without prejudice to the holding of fresh enquiry if they companysider the same necessary.
It did number grant the declaratory relief asked for.
The terms and companyditions of service applicable to such transferred employees including those relating to Provident Fund, Gratuity and other benefits shall number in any way be less favourable than those applicable to them immediately before the transfer.
Appeal by Special Leave from the Judgment and Order dated 15 12 1967 of the Mysore High Court in Writ Petition No.
Benefits regarding leave and other companyditions of service available to such trans ferred employees immediately before the transfer shall be companytinued.
The first respondent, having been already dismissed for misconduct on 25 1 1961, was number the recipient of one of these numberices to exercise an option.
The Government Department was abol ished on 1 8 1961.
CIVIL APPELLATE JURISDICTION Civil Appeal No 1919 of 1968.
Shyamla Mrs. Pappu and E.K. Joseph for the Appellants B. Datar for Respondent No.
Nettar for Respondent No.
The first respondent, a companyductor in the Mysore Government Road Trans port Department, had petitioned in the High Court under Article 226 against the appellant and the State of Mysore and asked it to quash an order of his dismissal, passed on 25 1 1961, in disciplinary proceedings taken against him at a time when he was a servant of the Mysore Government Road Transport Department.
1579 of 1966.
In respect of all disciplinary proceed ings or appeals arising therefrom pending immediately before 1st August, 1961, the Corporation or such Officer or Officers as may be designated by it shall be the disciplinary authority companypetent to pass appropriate orders in accordance with the relevant rules ap plicable to them before the transfer.
The Judgment of the Court was delivered by BEG.
C.J. The Mysore State Road Transport Corporation is the appellant by special leave before us.
But, before this event happened, the Mysore Government had sent numberices to its employees on 23 6 61 proposing to transfer all those persons who were actually in its service on the date of issue of these numberices and had accepted offers of appointment as employees of the Corporation.
