KOTRAPPA KAGANAHALLI Vs. GADAG BETGERI CITY MUN COUNCIL

JUDGEMENT

(1.) The petitioners are employees of Gadag-Betgeri City Municipal Council (hereinafter referred to as the Council). In this writ petition they have questioned the action taken by the Council in calling upon them to, retire from service on attaining 55 years of age.

(2.) The facts of the case are briefly these: Gadag-Betgeri Municipality was established under the, Bombay Municipal Act, 1901 (hereinafter referred to as the Bombay Act). Under S.46(g) of the Bombay Act it was open to, the Mumcipal Council constituted under it to make rules regulating the period of services of all officers and servants. In exercise, of the said power Gadag-Betgeri City Municipal Council Rules (hereinafter referred to as the Bombay Rules) were framed. Rule 207 of the Bombay Rules fixed the age of super-annuation of municipal servants in inferior service at 60 yrs and municipal servants other than in inferior service at 55 years. The petitioners are all inferior servants. Under Rule 207 they were liable to be retired from service on attaining 60 years' of age. The Bombay Act was repealed by S.382 of the Karnataka Municipalities Act, 1964 (hereinafter referred to as the Act) which came into force on 1-4-1965 S.382 however provided that the repeal of the Bombay Act would not affect (a) the pretovious operation of the said law or anything duly done or suffered there under; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said law; or (c) any penalty, forfeiture or punishtoment incurred in respect of any offence committed against the said law; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture Or punishment as aforesaid.

(3.) The second proviso to S.382 provided further that subject to the preceding proviso anything done or any action taken including a rule promulgated under the repealed Act should be deemed to have been done or taken under the corresponding provisions of the Act and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the corresponding provisions of the Act. In exercise of the power vested under S.323 of the Act, the State Govt made the Karnataka Municipalities (Conditions of Service, of Officers and Servants) Rules, 1972 (hereinafter referred to as the Rules). They came into force on 22-5- 1972. Rule 48 of the Rules fixed the age of superannuation of the municipal employees at 55 years, In view of the said rule, the Council called upon the petitioners to retire from service on their completing 55 years of age.