RAMSWAROOP MASAWAN Vs. MUNICIPAL COUNCIL

JUDGEMENT

(1.) The appellant was employed by the first respondent Municipal Council as an Overseer. He reached the age of superannuation, which was 55, on 26th January, 1970. He continued to work as an Overseer until 30th July, 1970 when he was served with an order dated 25th January, 1970/12th February, 1970. The order stated that he would retire in the afternoon of 26th January, 1970 having attained the age of 55 years. In the meantime, on 1st April, 1970, the age of superannuation was raised to 58 and retiring Overseers became entitled to retiral benefits.

(2.) The benefit of service up to the age of 58 years and retiral benefits having been denied to him, the appellant moved the High Court of Madhya Pradesh by way of a writ petition. The writ petition was dismissed. The High Court stated -

(3.) In our view, the High Court was right. At the relevant time the age of superannuation was 55 years. The appellant stood superannuated on reaching that age and, in law, his continuance in service thereafter can only be treated as re-employment. In the Municipal Council in question no retiral benefits were available to Overseers who retired on 26th January, 1970. Therefore, the appellant could not legitimately make a claim thereto.