1. There can be no doubt, that if Ext. P-3, the amendment dated 5th June, 1964, of R.39 of the Madras Judicial Ministerial Service Rules of 1955 made with retrospective effect from the 1st October, 1963, by the Governor in the exercise of his powers under the proviso to Art.309 of the Constitution is valid, the petitioner cannot successfully challenge the legality of the appointment of the second respondent as the Sheristadar of the District, Palghat. Two contentions were advanced against its validity, first, that conditions of service by their very nature cannot be altered retrospectively to the detriment of Government servants and second, that the said power of the Governor does not extend to the making of rules with retrospective effect.

2. The first contention was dismissed as unsustainable by P. B. Mukarji J. in Anil Nath De v. Collector of Central Excise, Calcutta (AIR. 1958 Cal. 407 at p. 410) in the following words:

"A part of the obligations of a Government servant, as I understand under these rules, is that he takes the risk of the amendments made in these Rules from time to time. So long as these rules or their amendments do not violate any provisions of the Co