K RAGHAVENDRA RAO Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner who was serving as a Class II Officer in the Engineering Department of the erstwhile State nf Rombay was one of the allottees to the new State of Mysore under the States Reorganisation Act. By a notice dated 24th October, 1969, in exercise of the power under Note 1 to Rule 285 of the Mvsore Civil Services Rules he was retired from service with effect from 25th October. 1969. The petitioner imougns the validity of the said order on the ground that the rule on the strength of which the same had been issued was not enforceable against him on the date of the notice.

(2.) The legal position is already declared in the decision of this Court reported in S.K.Shettly v. State of Muosre, (1970) 2 Mys.L.J. 197. wherein it has been pointed out that the enforcement of Note I to Rule 285 of the Mvsore Civil Services Rules against the allottees from Bombay would amount to a variation to their disadvantage of a condition of service applicable to them immediately before the reorganisation of State from 1-11-1956.

(3.) The only argument nressed on behalf of the State Government In support of the notice was that there was in Bombay State a rule where by persons in Engineering service could be retired after attaining the age of fifty. Reference was to paragraph 9, of sub-rule (2) of Rule 161 of the Bombay Civil Services Rules, the relevant portion of which reads as follows: