B U VENKAT ARMANIAH Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner who was working as an Under Secretary to Government in the Public Works Department was retired from service by an order dated 23rd Ocober, 1969 with effect from 24th October, 1969 under Note 1 to Rule 285 of the Mysore Civil Services Rules. This writ petition is directed against the said notice and it is prayed that the same may be quashed.

(2.) The legal argument is that, Note 1 to Rule 285 of the MCSR. as it stood on the date of the notice was a rule which had varied to the petitioner's disadvantage a condition of service applicable to him immediately before the reorganisation of States, i.e. 1-11-1956. The petitioner was a servant of the State Government of the erstwhile State of Mysore and became an allottee to the new State of Mysore under the States Reorganisation Act. The corresponding regulation which was applicable was regulation No.298 of the Mysore Services Regulations, Eighth Edition, which was in force at the time of the reorganisation of States. That regulation read as follows:

(3.) In the Revised Pension Rules set out in appendix-A to the same (eighth) edition, there is the following rule numbered as rule 2.