KOCHANIYAN Vs. COCHIN PORT TRUST

JUDGEMENT

(1.) Whether the petitioner who retired from the service of the first respondent in June, 1994 is entitled to the benefit of amendment to the Cochin Port Employees (Recruitment, Seniority and Promotions) Regulations, 1964 (hereinafter referred to as 'the Regulations') as amended in 1995 as per notification dated 15.3.1995 is the short question that arises for consideration in this Original Petition. Ext. P2 is the amendment notified on 15.3.1995. The amendment provides that benefit of R.30(1) of the C.C.S. (Pension) Rules, 1972 will be applicable to the scheduled employees. There is no dispute that the petitioner was a scheduled employee as per the Regulations. R.30 of the C.C.S. (Pension) Rules reads as follows:

(2.) It may be seen from the first proviso that the concession is admissible only if the recruitment rules in respect of the said service or post contains provision in that regard. As far as the first respondent Port Trust is concerned, a resolution was taken on 29.9.1993. To the extent relevant, the resolution reads as follows:

(3.) S.124 of the Major Port Trusts Act, 1963 provides that the Regulations will come into effect only if it is approved by the Central Government and the approval has been published in the Official Gazette. There is no dispute as to the competency of the first respondent under S.28(b) to provide for a regulation as proposed in the resolution. It is seen from Ext. P2 that the first respondent Central Government notified the Regulations only on 15.3.1995. However, it is significant to note the introductory paragraph of the notification which reads as follows: