- (1.) THIS writ petition under Article 226 of the Constitution is one of those which were referred for decision to a Division Bench by a learned single Judge of this Court.
(2.) THE material facts giving rise to this writ petition may be briefly stated as follows:-- The petitioner Shri Ram Chandra was appointed as accountant, Municipal Committee, Mount Abu on 2nd May, 1945. He was promoted as Revenue Officer of that Municipal Committee with effect from 1st October, 1958 and he served on this post till he was retired on 1st July, 1967. At the time when Mount Abu area became a part of the then State of Bombay under the Merged States (Laws) Act, 1950, the provisions of Bombay District Municipal Act, 1901 were applicable to Mount Abu municipal area from 1st November, 1956, however, Mount Abu area became a part of the State of Rajasthan under the terms of the States Re-organisation Act, 1956, but the Bombay District Municipal Act, 1901 continued to be in force in the said area till the Rajasthan Municipalities Act, 1959 came to be in force throughout Rajasthan from 17th October, 1959. Under Section 2 read with item 13 of the Schedule appended to that Act, the Bombay District Municipal Act, 1901, was repealed. Under Section 297 of the Rajasthan Municipalities Act, 1959 (hereinafter referred to as the Act), the Government of Rajasthan could make rules and pass orders generally for the purpose of carrying into effect the provisions of the Act and in particular and without prejudice to the generality of that power, the State Government is authorised to make rules or orders for various subjects including regulating the methods of recruitment, conditions of service, pay, allowances, leave, pension or provident fund, gratuity and conduct of Executive Officers or Secretaries of Boards etc.
(3.) THE Rajasthan Municipal Service Rules, 1961 came into force in March, 1961. Rule 34 of these rules ran as follows:-- 34. Regulation of pay, allowances, leave, pension, gratuity, provident fund, discipline, conduct etc.--Subject to the provisions of Sub-section (4) of Section 307 and except as provided in these rules the pay, allowances, pension, leave and other conditions of service of the members of the service shall be regulated by rules made under Section 297 of the Act, and pending the issue of such rules, by the following rules-- (1) The Rajasthan Service Rules, 1951 (except provisions relating to pension and payment of medical allowances) as amended from time to time. (2) Rajasthan Travelling Allowance Rules as amended from time to time. (3) Rajasthan Civil Service (Classification, Control and Appeal) Rules, 1958 as amended from time to time. ;