The court ruled that interim orders must not direct State authorities to act under repealed laws, emphasizing that a repeal invalidates previous provisions making them non-existent.

JUDGMENT

Dr. B.S. CHAUHAN, J.

1. Leave granted.

2. These appeals have been filed against the interim orders passed by the High Court of Allahabad (Lucknow Bench) dated 4.9.2008 in Writ Petition No. 7851(M/B) of 2008 and dated 30.11.2009 in Writ Petition No.11170 (MB) of 2009, by which the High Court has stayed the operation of amended provisions of the U.P. Legal Remembrancer Manual (hereinafter called L.R. Manual) and further directed the State Government to consider the applications for renewal of the all District Government Counsel whose term had already expired, resorting to the unamended provisions of the L.R. Manual and they be allowed to serve till they attain the age upto 62 years.

3. Facts and circumstances giving rise to these appeals are that the respondent no.1 in first case was appointed as a District Government Counsel (Revenue-1), Agra vide order dated 30.11.1988 for a fixed tenure. His term was renewed from time to time upto 31.12.1992. The proposal for renewal of his tenure was forwarded by the District Magistrate, Agra in 1993 and 1996, however, no order was passed on the said proposals. Ultimately, the State Government passed an order dated 2.12.1998 dispensing with the services of the said respondent. Being aggrieved, he preferred Writ Petition No.3867 of 1998 challenging the order of dispensing with his services, wherein the interim order was passed that the said respondent would be allowed to continue till further orders of the court. Thus, he continued to work under the said interim order till 2008, when the provisions of L.R. Manual were amended with effect from 13.8.2008, reducing the age of District Government Counsel from 62 to 60 years. As he had already completed age of 60 years, thus was disengaged, whereby respondent preferred Writ Petition No. 11170(M/B) of 2009 praying therein to be permitted to continue upto 62 years. The High Court passed an interim order dated 30.11.2009 directing the State Authorities to consider his application for extension of service upto 62 years under the unamended provisions of the L.R. Manual.

4. Similarly, another order has been passed in Writ Petition No.7851 (M/B) of 2008 filed by the Association of District Government Counsel in representative capacity challenging the amendment dated 13.8.2008 to the L.R. Manual to the effect of dispensation of consultation by the District Magistrate with the District Judge, while making proposal to the State Government for appointment of such counsel, reducing the age of service from 62 years to 60 years. The High Court has stayed the operation of the amended provisions, and issued direction to consider applications for the Distt. Government Counsel for renewal in accordance with the unamended provisions of the L.R. Manual, till further orders. Hence, these appeals.

5. Shri P.S. Patwalia, learned senior counsel appearing for State of Uttar Pradesh has contended that in the said writ petitions, the amendment in the L.R. Manuals has been challenged. The amendment provided basically two changes (1) consultation with the District Judge by the District Magistrate before sending any proposal/recommendation to the State Government for appointment of the District Government Counsel has been dispensed with; and (2) age has been reduced from 62 to 60 years. Therefore, it has been submitted that as fixing the age even in government services falls within the exclusive competence of the State authorities, and thus, the court should not interfere in such matters being a policy decision, even at the final stage. The interim order should not be passed by the court, staying the operation of law as such unless the court is of the view that the law was patently unconstitutional. The High Court under no circumstance could direct the State authorities to consider the cases for renewal/extension under the provisions of the unamended L.R. i.e. non-existing provisions. Such interim order tantamounts to legislation by judicial orders. More so, a large number