Applicability to orders issued before the commencement of Act.

§4

Summary

4. (1) Where any order has been passed or pursorted to be passed on or after November 1, 1973 under the first proviso to clause (i) of the said rule 56 or under Note I to Article 465 or under note I to Article 465-A of the Civil Service Regulations requiring a Government servant to retire either without notice or on a notice for a period shorter than three months, such Government servant, if not already paid his pay for the whole or part of the said period of three months, as the case may be, shall be entitled to claim a sum equivalent to the amount of his pay plus allowances, if any, for the whole period of three month or as the case may be, for the period by which the notice fell short of three months, at the rate at which he was drawing imiediately before the date of such order. (2) For the removal of doubts, it is hereby declared that nothing in the said rule 56 or in the said Regulations or in any orders or instructions in that behalf shall be deemed to have ever required the actual payment of the Government servant's pay for the whole or part of the period of notice before or simultaneously with the retirement required by the order, and the failure to make such payment shall not have or be deemed ever to have had any effect of the validity of the order, any judgment, decree or order of any court to the contrary notwithstanding. and it shall be open to the State Government to apply to any court for review of any such judgment, decree or order within three months from the commencement of this Act. (3) The Appointment (3) Department Government order no. 5/2/1973 dated November 2, 1973 shall be deemed to have been rescinded with effect from the same date, and no order of compulsory retirement shall be deemed to be or ever to have been invalid on the ground of any inconsistency with the afore-said Government order.

4. (1) Where any order has been passed or pursorted to be passed on or after November 1, 1973 under the first proviso to clause (i) of the said rule 56 or under Note I to Article 465 or under note I to Article 465-A of the Civil Service Regulations requiring a Government servant to retire either without notice or on a notice for a period shorter than three months, such Government servant, if not already paid his pay for the whole or part of the said period of three months, as the case may be, shall be entitled to claim a sum equivalent to the amount of his pay plus allowances, if any, for the whole period of three month or as the case may be, for the period by which the notice fell short of three months, at the rate at which he was drawing imiediately before the date of such order. (2) For the removal of doubts, it is hereby declared that nothing in the said rule 56 or in the said Regulations or in any orders or instructions in that behalf shall be deemed to have ever required the actual payment of the Government servant's pay for the whole or part of the period of notice before or simultaneously with the retirement required by the order, and the failure to make such payment shall not have or be deemed ever to have had any effect of the validity of the order, any judgment, decree or order of any court to the contrary notwithstanding. and it shall be open to the State Government to apply to any court for review of any such judgment, decree or order within three months from the commencement of this Act. (3) The Appointment (3) Department Government order no. 5/2/1973 dated November 2, 1973 shall be deemed to have been rescinded with effect from the same date, and no order of compulsory retirement shall be deemed to be or ever to have been invalid on the ground of any inconsistency with the afore-said Government order.

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