1975 (3) TMI 148

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..... month (in lieu of the period of notice) calculated at the same rate at which he was drawing them immediately before the date on which the order was served on or, as the case may be, tendered to him. But the pay and allowances were not paid to him at the same time as the service of the order of termination of his services. His appeal against the termination as well as representations having failed he filed a writ petition out of which this appeal arises. The High Court of Delhi dismissed the writ petition in limine and this appeal has been filed in pursuance of a certificate granted by the High Court because of the decision of this Court in R.M.S. v. K.V. Gopinath (1972)ILLJ486SC of which that Court was not aware when it dismissed the petit .....

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..... or as the case may be for the period by which such notice falls short. The Government servant concerned is only entitled to claim the sums hereinbefore mentioned. Its effect is that the decision of this Court in Gopinath's case (supra) is no longer good law. There is no doubt that this rule is a valid rule because it it now well established that rules made under the proviso to Article 309 of the Constitution are legislative in character and therefore can be given effect to retrospectively. It follows that the decisions of the Delhi High Court dismissing the appellant's writ petition is correct and this appeal will have to be dismissed. 3. But it was argued by Mr. Bhandare appearing on behalf of the appel .....

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..... de would be deemed, to have been taken under the Act as amended and there could be really no question of having to validate any action already taken provided it is subsequent to the date from which the amendment is given retrospective effect. The question of the particular form of the validation would always depend the circumstances of a case and no general formula can be devised for all circumstances. It is enough to say that in the present case the action taken against the appellant was on a date subsequent to the date on which the amended rule takes effect and therefore that action being in accordance with the amended rule is legally a valid action and there is no need to have a validating provision in respect thereof. 4. It was .....

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