This judgment will also dispose of Writ PetitionsNos.10611/92, 12192/91 and 12181/91 as common questions of law and facts have been raised in all of them.
2. The petitioners who were civil servants were removed from service on 11-3-1970 under MLR 58 of 1969. They challenged the said order through appeals before the Service Tribunal, which were accepted before the promulgation of Provisional Constitution Order with effect from 25-3-1981.
However, in order to avoid the legal effect of any order passed by any Court or the Tribunal regarding those civil servants who had been removed under M.L.R. 58 the Provisional Constitution Order was amended on 13-8-1982 through which Article 13-A was added which was to the following effects:-- Article 13-A All orders made and action taken or purporting to have been made or taken against any person under the Removal from Service (Special Provisions) Regulation, 1969 shall notwithstanding any judgment or order of any Court, Tribunal or other authority, be deemed to be and always to have been validly made or taken and: (a)...........................
(b) ..................................................
(c) ..................................................
(d) Any person who, having been dismissed, removed or prematurely retired from service under the aforesaid Regulation, has, at any time before the commencement of the Provisional Constitution (Second Amendment) Order, 1982, been reinstated into service and is holding office immediately before from such commencement shall stand retired from service on such commencement."
3. It is manifest from a bare reading of this provision of the P.C.O. That a distinction was made in respect of those civil servants who had been reinstated into service before the commencement of the Provisional Constitution (Second Amendment) Order, 1982 and were holding the office by providing that they would stand retired from service on such commencement. The petitioners were admittedly removed under MLR 58 and before commencement of the said Second Amendment Order, 1982 through which Article 13-A as aforementioned was added with effect from 13-8-1982 they had been ordered to be reinstated by the Service Tribunal, therefore, under the law they shall be deemed for all purposes to have stood reinstated and shall be deemed to hold the office as a consequence thereof before 13-8-1982. The petitioners in all the writ petitions were to be treated as having retired from service with effect from 13-8-1982 and, as such, entitled to all the benefits flowing therefrom.
4. Learned Deputy Attorney-General referred to various reported judgments of the Supreme Court in which it was held that the orders of retirement passed under MLR 58 were immuned from challenge before any Court. There can be no cavil with this proposition but in these writ petitions the petitioners are entitled to relief under the provisions of Article 13-A of the Provisional Constitution Order as introduced with effect from 13-8-1982 through the Provisional. Constitution (Second Amendment) Order, 1982 which relief could be granted without touching the legality of the order of their retirement under MLR 58.
5. These writ petitions are accepted. It is hereby declared that the petitioners stood retired with effect from 13-8-1982 from the posts on which they were reinstated by the Service Tribunal and the respondents are hereby directed to grant them all consequential benefits arising therefrom as retired civil servants. There will be no order as to costs.