BHAGIRATHI GANGARAM DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In the present petition, the petitioner challenges Annexure P-1, which is an order dated 25.01.2007 intimating the petitioner that he was going to retire on attaining the age of 58 years i.e. with effect from 31.10.2007.

(2.) Learned counsel for the petitioner submits that it is a case where the petitioner was originally working as a Conductor in the Madhya Pradesh State Road Transport Corporation (for short, 'MPSRTC') of the erstwhile State of Madhya Pradesh and subsequently he opted to serve in the State of Chhattisgarh. Since in the State of Chhattisgarh, there was no such Transport Corporation, services of those employees who are working in the MPSRTC in the erstwhile State of Madhya Pradesh, were placed under Chhattisgarh Infrastructure Development Corporation (for short, 'CIDC'). The petitioner's further contention is that the age of retirement of the employees working in the State of Chhattisgarh was increased from 58 to 60 years, but the cases of the persons, who were exclusive employees of MPSRTC were not taken into consideration and they were forced to retire on attaining the age of 58 years. Learned counsel for the petitioner further submitted that the petitioner in the instant case was sent on deputation as Traffic Supervisor to the Office of Regional Transport Authority, D.K.S. Bhawan, Mantralaya Raipur and that the respondents issued the impugned order dated 25.01.2007 intimating the petitioner that he is to retire on attaining the age of 58 years w.e.f. 31.10.2007 whereas the other similarly situated employees were permitted to continue in their employment till the age of 60 years. In support of this contention, the petitioner relies on the cases of Respondents No. 6 to 8 claiming parity for enhancement of the age of superannuation from 58 years to 60 years.

(3.) On the other hand, learned counsel for the State as well the Corporation, opposing the petition submit that undisputedly the petitioner was an employee of the MPSRTC of the erstwhile State of Madhya Pradesh. His services were further placed under the CIDC in the State of Chhattisgarh. The CIDC had mainly issued circulars and guidelines whereby it was decided that the employees enumerated by the MPSRTC would be considered for being taken in employment in different Corporations in the State of Chhattisgarh and in due course of time subject to the suitability and the availability of vacancy commensurate to their eligibility. However, since the petitioner had a very short tenure left, before he could be absorbed he got retired from service with effect from 31.10.2017.