STATE OF ORISSA Vs. ADWAIT CHARAN MOHANTY

JUDGEMENT

(1.) Leave granted in Special Leave Petition Nos. 4424, 13245-47, 1811018113 and 20136 of 1993, 4064, 2363, Special Leave Petition No. 3172 of 1994 (OCC 24681, 2260, 4223, 2588, 4882, Special Leave Petition No. 3173 (CC 25141, 9901, 2428, 11084-11095, Special Leave Petition No. 3175 (OCC 26551, 18784 and 19083 of 1994.

(2.) These appeals raise a common question of law whether each of the respondents was liable to be superannuated only on attaining the age of 60 years. All the respondents have been working in various departments of the appellant-State as Draftsman, Senior Draftsman, Architectural Assistant Draftsman, Architectural Draftsman, Planning Assistant, Carpenter, Heavy Vehicle Driver, Mechanic, Foreman, Motor Grade Operator, Ferro Printer, Welder, Concrete Mixture Driver, Junior Machineman, Pump Mechanic, Pump Driver-cum-Mechanic, etc. etc. On attaining the age of superannuation of 58 years, when they were sought to be retired, they approached the Administrative tribunal, orissa, which in the impugned orders has held that they were workmen and entitled to continue in service until they attained the age of 60 years as provided for under the second proviso to Rule 71 (a) of the orissa Service Code (for short "the Code"). It is not necessary to deal in detail with the facts of each case for they are not different from each other. However, facts of the case of Adwait Charan Mohanty, respondent in CA No. 1497 of 1993 could be referred to as exemplary case. While working as a Draftsman in the office of the Executive Engineer, Minor Irrigation Division, Cuttack, he attained the age of 58 years on 12/7/1990. When he was to retire on 31/7/1990 he challenged the notice of retirement, Annexure-A therein, contending that he is a workman within the meaning of the Code. The tribunal held him to be a workman and that, therefore, he was entitled to continue in service till he completed the age of 60 years on 31/7/1994 with all the benefits of salary and allowances etc.

(3.) The question is whether the respondents are entitled to continue until they attained the superannuation age of 60 years The orissa Civil Services (Classification, Control and Appeal) Rules, 1962 (for short 'the Rules') , defines government servant in Rule 3 (f) to mean a person who is a member of a service or who holds a civil post under the State and includes any such person on foreign service or whose services are temporarily placed at the disposal of the Union government or any other State government or a local or other authority and also any person in the service of the Union government or any other State government or a local or other authority whose services are temporarily placedat the disposal of the State government. Under Rule 8 the posts under the State other than those ordinarily held by persons to whom the Rules do not apply, are by general or special order of the government classified as (i) State Civil Posts, Class I, (H) State Civil Posts, Class II, (iii) State Civil Posts, Class III, (iv) State Civil Posts, Class IV. Schedule B of the Rules enumerates all classes of posts. Class III service and posts have been enumerated in which all the aforestated posts have been specified. Class IV posts have also been specified and in none of the Class IV posts, the posts held by the respondents find place. Rule 29 of the Code defines ministerial servant to mean a government servant of a subordinate service whose duties are entirely clerical, and any other class of servant specially defined as such by general or special order of the State government. The note appended thereto defines that Inspectors and Sub inspectors of Police employed purely on clerical duties and Sub-Registrar are not "ministerial servants".