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 Rule 161 (1) (aa) of the Bombay
Civil Services Rules ('BCSR' for short hereinafter) by
which the petitioner was made to compulsorily ... challenged the vires of
Section 161 (1) (aa) (i) (1) of the BCSR and accordingly
in relief clause prayer to that effect was also made
provisions of rule 33(1)(b) of the Bombay Civil Service Rules (BCSR). It was, therefore, the case of the petitioner that though ... petition, contending that the rule provision of rule 33(1)(b) of BCSR would not be attracted in the facts and circumstances of the present
that Note : 3 to Rule 250 of Bombay Civil Services Rules, 1959 (`BCSR' for short) is ultravires the provisions of Articles ... purpose of pension in view of Note : 3 of Rule 250 of BCSR. This stand taken by the Statement Government has been challenged
Rules 246A and 247 of the Bombay Civil Service Rules ("BCSR") are not applicable to Shri Gurkha. It is further stated ... state as follows.
The counting of war/military service under BCSR 245A/247 towards civil pension is subject to the option exercised by the Govt
Note 3 to Rule 250 of Bombay Civil Services Rules, 1959 ('BCSR' for short) is ultra vires the provisions of Arts
Supreme Court in the context of Rule 161 of the BCSR held that "even if the order of premature retirement is couched in innocuous
provisions of Rule 161 of the Bombay Civil Service Rules (BCSR) is not sustainable and is required to be quashed and set aside. The following
division bench was considering the provisions of Rule 152 of BCSR in detail after setting out the same and after considering them it observed
