9911796707
Advanced Search 
TMI Blog1996 (7) TMI 560X X X X Extracts X X X X X X X X Extracts X X X X ..... than. After he had completed 25 years of qualifying service he was compulsorily retired by order of the Collector, Ajmer dated March 31, 1973 on payment of three months' pay and allowances in lieu of notice, The said order was passed under sub-rule (2) of Rule 244 of the Rules. Along with the order of Compulsory retirement a bank draft for a sum of ₹ 1,494/- representing three months' pay and allowances was sent to the respondent. The respondent filed a writ petition in the Rajasthan High Court Challenging tithe said order of compulsory retirement. The said writ petition was allowed by the learned Single Judge of the High Court by order dated January 17, 1978 on the ground that there was non-compliance with the provisions of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t by the impugned judgment dated April 15, 1980 on the view that the amendment made in the Rules vide notification dated March 11, 1976 was invalid. Hence this appeal while granting special leave by order dated April 14, 1981, this Court imposed the condition that "whatever be the decision of this Court it shall not affect the respondent anti the High Court's decision in his favour shall remain undisturbed. On March 31, 1973, the date of the passing of the order. of compulsory retirement, sub-rule (2) of Rule 244 of the Rules provided as under : "(2) The Government, may, after giving at least three months' previous notice in writing or by payment of three months' pay and allowances in lieu of such notice require a Go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h retirement in Rajasthan Rajpatra, and the Government servant shall be deemed to have retired on such publication, if he has got been served with the retirement order earlier." The Rajasthan Service (Amendment) Rule, 1976 made by the Governor under notification dated March 11, 1976, were published in the Rajasthan Gazette dated January 28, 1978. The said Rules were brought into force with effect from August 19.1972 and were to remain in force up to September 1, 1975. By the said Rules sub-Rule (2) of Rule 244 was substituted by the following provision: "(2) The Government, may, after giving at least three months' previous notice in writing require a Government servant to retire from the service on the date on which he comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d never been passed and it must be considered as a law that never existed except for the purpose of those action which were commenced, prosecuted and concluded whilst it was an existing law." [Craies on Statute Law, 7th Edn. pp. 411-412] "Since an amendatory act alters, modifies, or adds to a prior statute, all courts hold that a repealed act cannot be amended that is, no court will give effect to a repealed law because the legislature attempted to amend it." [Sutherland on Statutory Construction, Voil. I para 1903, pp. 328-329] As pointed out by this Court, the process of a substitution of statutory provision consists of two Steps first, the old rule is made to cease to exist and, next, the new rule is brought into existen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the Jaw laid down by this Court. [See : Qudrat Ullah v. Municipal Board. Bareilly. 1974 (2) SCR 530, at p. 539] This means that as a result of repeal of a statute the statute as repealed ceases to exist with effect from the date of such repeal but the repeal does not affect the previous operation of the law which has been repealed during the period it was operative prior to the date of such repeal. The effect of the amendments that were introduced in sub-rule (2) of Rule 244 of the Rules vide notifications dated September 2, 1975 and November 26, 1975 whereby the said sub-rule was substituted with effect from September 2, 1975 is that sub-rule (2) which was introduced on August 19, 1972 ceased to exist with effect from September 2, 1975 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
