TMI Blog1990 (5) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... any infirmity in the judgment of the High Court which is unexceptionable. - Civil Appeal No. 10 (N) of 1981 - - - Dated:- 4-5-1990 - RAY B.C. AND KASLIWAL N.M. JJ. M. Veerappa, Advocate, for the respondent. R.B. Datar, Senior Advocate (K.R. Nagaraja and R.S. Hegde, Advocates, with him), for the appellant. -------------------------------------------------- The judgment of the Court was delivered by B.C. RAY, J.- This appeal by special leave is against the judgment and order dated 22nd March, 1978, made in Writ Appeal No. 520 of 1975 dismissing the appeal and confirming the judgment and order made in Writ Petition No. 3073 of 1974 on 18th July, 1985. The appellant who was a chartered accountant was appointed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The appellant, then, moved a Writ Petition No. 3073 of 1974, before the High Court, Karnataka stating that he was granted leave on several occasions in accordance with the Mysore Civil Services Rules and the Accountant-General had treated him as a gazetted officer in the service of the State Government and as such as a Government servant he may be granted superannuation pension under the Mysore Civil Services Rules. The learned single Judge held that rule 64 of the Mysore Sales Tax Rules, 1957, was applicable to this case and under the said Rules he was not eligible to claim superannuation pension. It was further held that even under the Mysore Civil Services Rules he would not be entitled to claim such a pension. The writ petition was di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal as well as from Order No. RD 17 SXT 58 dated 12th December, 1958. The appointment was continued from time to time and the last extension was given by Notification No. FD 6 CAT 71 dated 8th November, 1971, made under clause (b) of sub-rule (1) of rule 64 of the Mysore Sales Tax Rules, 1957. It is relevant to notice in this connection that rules 63 and 64 were introduced by a Notification No. FD 18 CAT 62 dated 10/13th January, 1964. Sub-rule (6) of rule 64 is quoted below: "The non-official Member shall not be eligible for any pension, gratuity or other remuneration." By further Notification No. FD 614 dated 7th April, 1971, a new sub- rule (6) was substituted which was to the following effect: "(6) The non-official Member sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contention is per se without any substance inasmuch as before the retirement of the appellant from service due to expiry of his period of service the said provisions of sub-rule (6) of rule 64 of the Mysore Sales Tax Rules was substituted in place of original sub-rule (6) of rule 64 and as such this rule applies to the appellant and he is not entitled to get any superannuation pension. The High Court has rightly held that according to rule 64(6) the appellant could not claim pensionary benefit. The appellant next submitted that he became a Government servant on being appointed as a non-official Member of the Sales Tax Appellate Tribunal and he was paid travelling allowance according to the Mysore Civil Services Rules, 1958 and so he is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s compelled by rule to retire at a particular age. Rule 95 provides that the date of compulsory retirement of a Government servant is the date on which he attains the age of 55 years. It further provides that the Government servant may be retained up to 60 years of age with the sanction of the Government. He must not be retained after the age of 60 years. There is no rule under which a non-official Member is to retire on attaining a particular age. The appellant was appointed as a Member of the Tribunal for a period of two years initially and thereafter his tenure was extended periodically and he left the service as non-official Member of the Tribunal after he crossed the age of 61 years. There was no specific order that the appellant was d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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