STATE Vs. JODH SINGH

JUDGEMENT

(1.) THIS revision application is directed against the order of the Additional Munsif, Udaipur City (North) dated October 26, 1979,

(2.) THE facts giving rise to this revision lie in a narrow compass. The respondent was compulsorily retired with effect from December 18, 1974, He instituted a suit on February 7, 1978 claiming, inter alia, the relief for that the order of compulsory retirement dated December 18, 1974 may be quashed an illegal During the pendency of the suit, an application was moved on behalf of the defendant -petitioner under O. VII, Rule II (d), C.P.C. A reply was filed contesting the application on 25 5 -79, The learned Additional Munsif, Udaipar City (north) dismissed the application by his order dated October 26, 1979. Feeling aggrieved, the defendant -petitioner (State of Rajasthan) has come up in revision to this Court,

(3.) THE only contention raised by the learned Additional Government Advocate is that the suit filed by the respondent for quashing the order of compulsory retirement dated December 18, 1974 in a Civil Court is barred under she provisions of Section 10 of the Rajasthan Civil Service (Service Matters Appellate Tribunal) Act (No. XXXIV of 1976) for short the Act' here -after). Two contentions were raised before the trial court in support of the application: (1) that the matter relating to compulsory retirement Is not a service matter within the meaning of Section 2(f) of the Act; and (2) that the provisions of Section 10 of the Act are retrospective and as such, though the respondent was retired with effect from December 18, 1974, still his suit is barred under Section 10 of the Act.