U RADHAKRISHNA RAO Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner who was working as a Tahsildar in South Kanara District and who was due to retire from service on attaining superannuation in July 1971, has been compulsorily retired with effect from 18th July, 1970 by the Governor of Mysore in exercise of the power under Note 1 to Rule 285 of the Mysore Civil Services Rules. The petitioner impugns the validity of the same.

(2.) The legal argument formerly available, to the effect that the said rule cannot be enforced against allottees under the States Reorganisation Act who are protected against variation of any condition of service to their detriment by proviso (1) to sub-section (7) of S. 115 of the Act, requiring the previous approval of the Central Government therefor, is no longer available in view of the fact that such an approval has since been received by a letter No.5/2-70/SR (5) addressed by the Ministry of Home Affairs. Government of India to the Government of Mysore. Approval under proviso (1) to S.115(7) of the States Reorganisation Act was accorded to the State Government's proposal to make rule 285 of the Mysore Civil Services Rules applicable to all the Government servants including those allotted to the State under the States Reorganisation Act. The letter further states that the approval of the Government of India would be effective from the date of issue of the letter, that is, 16th March 1970.

(3.) After receipt of the said approval a new rule, rule 2-A. was introduced into the M.C.S.Rs. reading :-