S K SHETTY Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner is an allottee from the erstwhile Bombay State to the New State of Mysore. When he was serving as a Shanbhogue in Kumta Taluk of North Kanara District, he was sought to be retired from service by the State Government in exercise of power reserved to it by Note 1 to Rule 285 of the Mysore Civil Service Rules. The said rule occurs in section V of Chapiter XVIII of the MCSRs. dealing with conditions of grant of pension. The rule together with the first note reads as follows:

(2.) In support of his contention that the rule varies a condition of his service to his disadvantage, he relies upon the corresponding rule in the Bombay Civil Service Rules which were applicable to him immediately before 1-11-1956. The said rule is No.165A and reads as follows:

(3.) A mere comparison of the two rules is sufficient to uphold the contention that the Mysore Rule undoubtedly varies to the disadvantage of the petitioner one of the important conditions of service, relating to length of service, and retirement, applicable to him under the Bombay rule immediately before 1st November 1956.