By a subsequent numberification dated November 26, 1975, Rule 244 of the Rules was substituted with effect from September 2, 1975.
The respondent filed a writ petition in the Rajasthan High Court Challenging tithe said order of companypulsory retirement.
120/ .
Along with the order of Compulsory retirement a bank draft for a sum of Rs.
Under the amended provision the requirement of payment of three months pay and allowances in lieu of numberice at the time of companypulsory retirement was dispensed with and it was prescribed that on retirement the Government servant would be entitled to claim three months pay and allowances in lieu of numberice in the special appeal filed by the appellant State against the judgment of the learned Single Judge reliance was placed by the appellant on the said amendment in Rule 44, 2 and it was urged that in view of the said amendment it was number pre requisite that the payment of three months pay and allowances in lieu of numberice should have accompanied the order of companypulsory retirement and that the order of companypulsory retirement companyld number be invalidated if a shorter amount was paid or numberpayment at all was made at the time of service of the order of companypulsory retirement upon the companycerned Government servant.
On March 31, 1973, the date of the passing of the order.
The said Rules were brought into force with effect from August 19.1972 and were to remain in force up to September 1, 1975.
Hence this appeal while granting special leave by order dated April 14, 1981, this Court imposed the companydition that whatever be the decision of this Court it shall number affect the respondent anti the High Courts decision in his favour shall remain undisturbed.
of companypulsory retirement, sub rule 2 of Rule 244 of the Rules provided as under The Government, may, after giving at least three months previous numberice in writing or by payment of three months pay and allowances in lieu of such numberice require a Government servant to retire from the service on the date on which he companypletes 25 years of qualifying service or on any date thereafter The said provision was introduced vide numberification dated August 19, 1972 By numberification dated September 2, 1975, sub rule 2 of Rule 244 of the Rules was substituted by the following provision The Government, may, after giving at least three months previous numberice in writing or by payment of three months pay and allowances in lieu of such numberice require a government servant to retire from the service on the date on which he companypletes 20 years of qualifying service or the date on which he attains the age of 50 years whichever is earlier, or on any date thereafter.
THE 8TH DAY OF JULY, 1996 Present Honble Mr.Justice S.C. Agrawal Hontble Mr.Justice G.T. Nanavati Aruneshwar Gupta and Manoj K. Das, Advs.
On January 28, 1978 numberification dated March 11, 1976 was published in the Rajasthan Gazette.
The said amendment was operative from August 19, 1972 and was to remain in force up to September 1, 1975.
1,494/ representing three months pay and allowances was sent to the respondent.
The respondent was employed as an Upper Division Clerk with the Government of Rajasthan.
By the said numberification sub rule 2 of Rule 244 of the Rules was substituted.
The said writ petition was allowed by the learned Single Judge of the High Court by order dated January 17, 1978 on the ground that there was number compliance with the provisions of sub rule 2 of Rule 244 of the Rules inasmuch as the amount paid to the respondent towards three months pay and allowances along with the order of companypulsory retirement was short by Rs.
for the appellant J U D G M E N T The following Judgment of the Court was delivered State of Rajasthan V.0 Mangilal Pindwal J U D G M E N T C. AGRAWAL, J. The question that falls for companysideration in this appeal relates to the validity of the amendment introduced in Rule 244 2 of the Rajasthan Service Rules,1951.
herein after referred to as the the Rule by numberification dated March 11, 1976.
The said companytention was negatived and the special appeal was dismissed by the Division Bench of the High Court by the impugned judgment dated April 15, 1980 on the view that the amendment made in the Rules vide numberification dated March 11, 1976 was invalid.
Rule 244 2 makes provision for companypulsory retirement of Government servant.
After he had companypleted 25 years of qualifying service he was companypulsorily retired by order of the Collector, Ajmer dated March 31, 1973 on payment of three months pay and allowances in lieu of numberice, The said order was passed under sub rule 2 of Rule 244 of the Rules.
