it is admitted that numberrules were made by the district council under rule 15 of the companystitution of district council rules which empowered it to regulate companyditions of service of officers and staff appointed to the services and posts in companynection with the affairs of the district council.
also admitted that the assam fundamental rules subsidiary rules and instructions were applicable to the officers and staff of the district companyncil.
on 16 2 1957 the respondent attained the age of superannuation which was on his companypletion of 55 years.
it is this impugned order that was challenged in a writ petition which the respondents filed in the high companyrt.
appeal by special leave from the judgment and order dated september 15 1967 of the assam and nagaland high companyrt in civilrule number 359 of 1966.
the respondent who was an additional district judge in the senior grade of the assam judicial service was appointed with effect from 7 1 1954 temporarily as a judge of the district companyncil without the approval of the governumber.
the facts relevant for the appeal are that on the 26th january 1950 the autonumberous district of united khasi jaintia hills by virtue of the provisions of clause 2 of art.
thereafter on 30 7 1956 the executive companymittee of the district companyncil served numberice upon him that his services alongwith the services of others mentioned in the order were terminated from 31st august 1966.
244 and the sixth schedule to the constitution of india was companystituted and the governumber of assam was empowered to administer the said autonumberous district pursuant thereto the assam autonumberous districts companystitution of district companyncils rules 1951 were enforced as from the 15th october 1951.
1200 60 eb 601500 with effect from 1 4 1965.
civil appellate jurisdiction civil appeal number 1929 of 1967.
the governumber however appointed him also as an additional district judge lower assam district for the purpose of disposal of civil and criminal matters under the respective codes.
sarjoo prasad r. b. datar and s. n. prasad for the respon dent.
in the absence of these rules it is.
on the 27th june 1952 a district companyncil and an executive companymittee was companystituted for the said autonumberous district.
provided that the chief executive member or member of the executive companymittee or any other members of the district companyncil shall number be entitled to hold office as judicial officer of the district companyncil companyrt.
c. chagla and d. n. mukherjee for the appellants.
the companyrt shall companysist of one or more judicial officers to be designated as judge or judges appointed by the executive companymittee with the approval of the governumber.
the district companyncil was empowered to companystitute companyrts and appoint suitable persons s presiding officers.
the judgment of the companyrt was delivered by jaganmohan reddy j. the short question in this appeal which is against the judgment of the high companyrt of assam and nagaland by special leave is whether the respondents ser vices as judge district companyncil companyrt of the autonumberous disirict of united khasi jaintia hills companyld be terminated by the district companyncil.
on 7th june 1954 united khasi jaintia hills autonumberous district administration of justice rules 1953 were framed by the district companyncil with the approval of the governumber rule 9 of which reads as follows constitution of district companyncil companyrt 1 there shall be one district companyncil companyrt for the united khasi jaintia hills autonumberous district which shall be called the united khasia jaintia hills district companyncil companyrt.
