RADHESHYAM YADU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) By this petition filed under Articles 226/227 of the Constitution of India the petitioner has challenged the order dated 6-6-2003 (Annexure P-1) passed by the respondent No. 2 by which it has been ordered that under Rule 33 of Chhattisgarh Panchayat Service (Recruitment and General Conditions of Services) Rules, 1999, on attaining the age of superannuation the petitioner would be deemed to be retired from 30th June, 2003.

(3.) Learned Counsel for the petitioner submits that the petitioner is working as Accountant in Zila Panchayat, Mahasamund. As per the Rules prevailing in the department he is entitled to continue till the completion of 60 years of age. The respondent No, 1 has earlier issued a memo/order 8-4-2002 (Annexure P-2) and directed the respondent Nos. 2 and 3 to send proposals with regard to allowing benefit of Fifth Pay Commission, pension and age of superannuation. In compliance of the said order dated 8-4-2002 the Zila Panchayat, Mahasamund has passed a resolution on 25th February, 2003 and agreed to extend the age of superannuation of Class-Ill employees from 58 years to 60 years and Class-IV employees from 60 years to 62 years. Learned Counsel for the petitioner further submitted that without taking the consent of the Executive Committee the order impugned dated 6-6-2003 has been issued by the Chief Executive Officer (respondent No. 2) and on the representations (Annexures P-3 and P-4) made by the petitioner no action has been taken by the respondents. The main contention of learned Counsel for the petitioner is that since the respondent No. 1 has already invited proposals vide order/memo dated 8-4-2002 and in compliance of that order/memo the respondent No. 2 has passed the resolution on 25-2-2003 and agreed to extend the age of superannuation of the Class-Ill employee from 58 to 60 years, the order impugned is contrary to the said resolution, arbitrary, illegal and not sustainable in the eyes of law and as per Rule 33 of the Rules, 1999 the petitioner is entitled to continue till completion of the age of 60 years.