Amendment to a Clause in Service Rules will have a prospective effect

Madras High Court

 a decision of this Court reported in 2012 (4)

CTC 577, F.Nirmalkumar David V. The Director, Gandhigram Institute of Rural Health and Family

Welfare Trust. In the said judgment, the learned Judge of http://www.judis.nic.in W.P.No.9165 of

2019 this Court has dealt with an amendment to a Clause in Service Rules which came into effect

from 01.04.2006 and held that such amendment will have a prospective effect. The learned Judge in

paragraph 31 of the order has observed the following:

“31.Moreover, it should also be taken notice of that amendment to Clause 16 of the

Service rules, 2003, which came into effect from 1.4.2006 will have a prospective and

it could be applicable to the staff who have joined the service of the Institute after the

amendment. Therefore, this amendment could not be given effect to the Petitioners'

case and they are entitled to continue in service up to 60 years in view of the

provision under Section 56(1)(a) of the Fundamental Rules. Though the

Respondent-Institute has taken a stand that they had the benefit of Government

grant from 1.7.2008, it is not disputed that they have joined the service in the year

1981 and they have been promoted as Peon-cum-Daftry and Attender respectively.”

11.In effect, the learned Judge has held that an amendment to the rules will have

prospective application and cannot be applied to the staff who were already recruited

and serving. Therefore, he would submit that in all fours the petitioner is entitled to

continue till May 2021, till she attains the age of 60 years.