relevant R.R.
vide order dated
5.4.1989 in C.R.
No. 392 of 1988
No order as to
retrospective
seniority
Government order
regularizing the
services ... Retrospective
regularization
from 26.6.1983
vide order dated
5.6.1990 in C.R.
No. 160 of 1990
No order as to
retrospective
seniority.
The Honble
High
power to modify such an order. If such an authority passes an order of dismissal with retrospective effect, it may not be easy to separate ... portion from the prospective portion of the order, because if the authority had not made the order retrospective, it is difficult to say from which
part of
the order, assuming this part to be invalid, does not affect the
first part of the order The order of dismissal as from ... substance, an
order of dismissal as from the date of the order with the
superadded direction that the order should operate
retrospectively as from
order
because it was the commencement of the tariff year in
question and this does not make the tariff order
retrospective. The regulations based ... determined does not mean that it
is objectionably retrospective. Making tariff order
retrospective from the date of the commencement of the
financial year does
empowered the Central Government to make orders under Section 3 retrospectively any provision in the 1966 Order having retrospective application would be valid. This argument ... retrospective amendment was conferred for 1955 Order only. No plenary power to make orders with retrospective effect was conferred on the Central Government in exercise
under which the
Order has been passed, did not authorise the Bank to pass
any such Order with retrospective effect.
For the Bank ... decision of the Bank, that
is, the Order, but it cannot be said that the Order is
retrospective in operation.
Mr. Shanti Bhushan points
benefits. The said Government Order never intended
to grant any ?deemed promotion/upgradation? or the Government Order to have
the retrospective effect. The Government Order ... Government
Orders. In the absence of any provision in the Government Orders to give
effect to the said orders with retrospective effect, the Government Order
empowered by legislature to issue orders, can exercise upon it. If therefore, a power to issue orders with retrospective effect has not bee expressly conferred ... made: but the effect of holding that the present section authorises retrospective orders, unless we could find some reasonable time to which to limit
suspension during a period of the specified kind by an order made with retrospective effect. (13) I find myself unable to accept that contention ... covered by an order of suspension, clearly indicates that the framers of Rule 2 did not contemplate a suspension order with retrospective effect
executive order is unsustainable. It cannot have the status of a
clarification. Such orders cannot have any retrospective effect also.
21. The respondents are relying ... executive order.
25. It is settled law that statutory rules cannot be whittled down by
executive orders and executive orders cannot have any retrospective effect
