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1985 Supreme(Raj) 473

KISHAN MAL LODHA, KISHAN MAL LODHA
Gule Singh – Appellant
Versus
Municipal Council – Respondent


JUDGMENT

1. - Against the order dated March 22, 1977, assessed by a learned Single Judge dismissing the writ petition of the appellant, this appeal under Section 18 of the Rajasthan High Court Ordinance, 1949, has been filed by the unsuccessful petitioner.

2. The material facts leading to this appeal may briefly be re-counted. The petitioner-appellant was employed as a Class IV employee in the Municipal Council, Udaipur (respondent No. 1). He joined duties on April 1, 1947. The date of birth of the petitioner-appellant was is July 30, 1917. At the time when he joined the service, he was governed by the Udaipur City Municipal Act, 1945 and the Rules framed by the former Government of Udaipur. The case of the petitioner-appellant is that the age of retirement under the aforesaid Act and the Rules was 60 years. The Rajasthan Municipalities Act (No. XXXVIII of 1959) (for short 'the Act') came into force an October 17, 1959. By virtue of Section 2 of the Act, the Udaipur City Municipal Act, 1945 was repealed. However, in accordance with proviso (b) to Section 2 of the Act, the rules remained is force as the rules made under the repealed Act were deemed to be made under the Act. Section 2



























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