TaxTMI 
TaxTMI 
TaxTMI 
2010 (12) TMI 1161
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....ted 30.11.1988 for a fixed tenure. His term was renewed from time to time upto 31.12.1992. The proposal for renewal of his tenure was forwarded by the District Magistrate, Agra in 1993 and 1996, however, no order was passed on the said proposals. Ultimately, the State Government passed an order dated 2.12.1998 dispensing with the services of the said respondent. Being aggrieved, he preferred Writ Petition No.3867 of 1998 challenging the order of dispensing with his services, wherein the interim order was passed that the said respondent would be allowed to continue till further orders of the court. Thus, he continued to work under the said interim order till 2008, when the provisions of L.R. Manual were amended with effect from 13.8.2008, reducing the age of District Government Counsel from 62 to 60 years. As he had already completed age of 60 years, thus was disengaged, whereby respondent preferred Writ Petition No. 11170(M/B) of 2009 praying therein to be permitted to continue upto 62 years. The High Court passed an interim order dated 30.11.2009 directing the State Authorities to consider his application for extension of service upto 62 years under the unamended provisions of the....
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....e Distt. Magistrate, dispensation of consultation with the District Judge itself is a serious matter and High Court has rightly stayed the operation of the amended provisions of the L.R. Manual and no interference is required. In case the High Court has stayed the operation of the amended clauses of the L.R. Manual, the old L.R. Manual becomes automatically operative. Therefore, the High Court was justified in issuing direction to consider the cases of renewal/extension under the unamended provisions of the Manual. Thus, appeals lack merit and are liable to be dismissed. 7. We have considered the rival submissions made by learned counsel for the parties and perused the record. So far as the respondent District Government Counsel is concerned, admittedly, his term has not been extended/renewed by passing any order after 1992. He had been continuing under the interim order dated 7.12.1998 passed by the High Court. There is nothing on record to show what has happened subsequent to the said order. However, we have been informed that the said writ petition is still pending and the said respondent continued to work under the said interim order till he attained the age of 60 years. So ....
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....it is beyond our imaginations as why such a course is not permissible for the appellant-State while fixing the age of working of the District Government Advocates. 12. In Bhavesh D. Parish & Ors. v. Union of India & Anr., AIR 2000 SC 2047, this Court observed that while considering the constitutional validity of statutory provisions, the court should be very slow in staying the operation of the statutory provisions. It is permissible for the court to interfere at interim stage "only in those few cases where the view reflected in the legislation is not possible to be taken at all". Thus, the court should not generally stay the operation of law. 13. In Siliguri Municipality & Ors. v. Amalendu Das & Ors., AIR 1984 SC 653, this Court had taken note of the fact that the High Court had been passing stay orders in some cases involving the same question of law and facts though it vacated the interim orders passed earlier in some of the identical cases. In the said case, the validity of statutory provision was under challenge. This Court observed that the High Court should exercise self-restrain in passing interim orders, for maintaining consistency in similar cases. The court observed a....
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....pass the same order in the said case also. More so, in the Ist case, the High Court, in spite of taking note that the petitioner therein had been working under the interim order of the court since December 1998, i.e. for twelve years entertained his second writ petition without deciding the first writ petition. 17. So far as the issue of dispensation of consultation with the District Judge is concerned, this court has hitherto taken a view that his opinion would have supremacy, thus requires to be examined considering the judgments of this court in Kumari Shrilekha Vidyarthi etc. etc. v. State of U.P. & Ors., AIR 1991 SC 537; Harpal Singh Chauhan & Ors. v. State of U.P., AIR 1993 SC 2436; State of U.P. v. Ramesh Chandra Sharma & Ors., AIR 1996 SC 864; State of U.P. & Anr. v. Johri Mal, AIR 2004 SC 3800; and State of U.P. & Ors. v. Netra Pal Singh & Ors., AIR 2004 SC 3513. 18. The High Court vide impugned interim orders stayed the operation of the amended provisions of the L.R. Manual and directed the State authorities to consider the applications for renewal etc. under the unamended provisions, i.e., which stood repealed by the amendment dated 13.8.2008. The question does arise ....
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....in spite of the said order, the order of the Appellate Authority continues to exist in law and so long as it exists, it cannot be said that the appeal which has been disposed of by the said order has not been disposed of and is still pending." 21. Thus, there is a clear distinction between repeal and suspension of the statutory provisions and the material difference between both is that repeal removes the law entirely; when suspended, it still exists and has operation in other respects except wherein it has been suspended. Thus, a repeal puts an end to the law. A suspension holds it in abeyance. 22. This Court in Bhagat Ram Sharma v. Union of India & Ors., AIR 1988 SC 740, explained the distinction between repeal and amendment observing that amendment includes abrogation or deletion of a provision in an existing statutes. If the amendment of an existing law is small, the Act prefaces to amend; if it is extensive, it repeals and re-enacts it. 23. In fact, the amended provisions of the L.R. Manual are under challenge before the High Court and the provisions repealed by the Amendment dated 13.8.2008 are not in existence and it will be assumed that the same had never been in existen....