Rule 161(C-a) of the Bombay Civil Services Rules ("BCSR" for short), by Clause 26 of the Government Resolution dated 27th February ... quash Rule 161 of the BCSR as ultra vires Articles 14 and 16 of the Constitution, so far as it relates to the teachers
served to the petitioner which amounts to contravention of Rule 33 of BCSR. The second contention has been raised that one Shri Arvind K. Patel ... termination order on the ground that it violates Rule 33 of the BCSR which requirement is mandatory. In the present petition, Rule was issued
under
186(a) of the Bombay Civil Services Rules (for short
"BCSR") and thus, denial of the pension to the petitioner
is illegal ... establishment of four charges
against him. Rule 186(a) of the BCSR clearly disqualifies
a Government servant removed or required to retire from
Government service
voluntary act, he may not get the pensionary benefits as per BCSR. He submitted that the petitioner has been given the benefit of freedom fighter ... case of the petitioner falls within the four corners of the BCSR, he cannot get any pensionary benefit. Mr Sheth also alternatively submitted that
Bombay Civil Services Rules (hereinafter referred to as 'the BCSR') and has submitted that all the conditions mentioned in the instructions thereunder were ... petitioner is contrary to the provisions contained in Rule 41A of the BCSR and has rightly been rejected. He has also submitted that the reliance
Kamalbai Venkatrao Nipanikar vs The State Of Maharashtra And Others on 31 January, 2019
Bench
number of years of service in public interest. Rule 161 of the BCSR gives such powers to the State Government with respect to its employees ... employees would be governed by the provisions in this regard contained in BCSR. If one, therefore, adverts to the relevant provisions contained in BCSR
interest is well-recognized right in service jurisprudence. Rule 161 of the BCSR gives similar power to the State Government with respect to its employees ... different courts in past.
11. Somewhat similar provisions of Rule 161 of BCSR came up for consideration before this Court in the case of Ishwarlal
Bombay Civil Service Rules, 1959 ('the BCSR' for short). However, as seen earlier, the petitioner's case has to be considered ... entitled to notice and protection of Rule 33 (1) (b) of the BCSR. The learned counsel for the petitioner has, despite a specific query
upon by both the sides has been extensively examined, the provisions of BCSR, as well as, departmental guidelines, bulletins and manual are also examined ... following the provisions of Rule 189 and 189-A of the BCSR.
17. Since most of the factual aspects were no longer in controversy
