GULE SINGH Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) AGAINST the order dated March 22, 1977, assessed by a learned Single Judge dismissing the writ petition of the appellant, this appeal under Section 18 of the Rajasthan High Court Ordinance, 1949, has been filed by the unsuccessful petitioner.

(2.) THE material facts leading to this appeal may briefly be re -counted. The petitioner -appellant was employed as a Class IV employee in the Municipal Council, Udaipur (respondent No. 1). He joined duties on April 1, 1947. The date of birth of the petitioner -appellant was is July 30, 1917. At the time when he joined the service, he was governed by the Udaipur City Municipal Act, 1945 and the Rules framed by the former Government of Udaipur. The case of the petitioner -appellant is that the age of retirement under the aforesaid Act and the Rules was 60 years. The Rajasthan Municipalities Act (No. XXXVIII of 1959) (for short 'the Act') came into force an October 17, 1959. By virtue of Section 2 of the Act, the Udaipur City Municipal Act, 1945 was repealed. However, in accordance with proviso (b) to Section 2 of the Act, the rules remained is force as the rules made under the repealed Act were deemed to be made under the Act. Section 297 of the Act confers power on the State Government to make rules generally for the purpose of carrying into effect the provisions of the Act and prescribe forms for any proceeding for which it considers that a form should be provided.

(3.) IT will be relevant to read material portion of Rule 15 of the Rules: