SARTAJ BEHARI LAL MATHUR Vs. UNION OF INDIA, THROUGH THE SECTRETARY, POSTS AND TELEGRAPHS BOARD, PARLIAMENT STREET, NEW DELHI

JUDGEMENT

(1.) This writ petition has been filed by the petitioner, Sartaj Behari Lal Mathur, praying that a Memorandum (Annexure E), dated 25-2-1969, informing him that according to his date of birth as entered in the official records, he was due to superannuate on 20-10-1969 F/N on attaining the age of 58 years, may be quashed. The respondent to the writ petition is the Union of India through the Secretary, Posts and Telegraphs Board, New Delhi.

(2.) The petitioner has been working as a Draftsman in the Indian Posts and Telegraphs Department. His main contention is that he is a ministerial Government servant, and as such cannot be retired from his service before he attains the age of 60 years, and that his date of birth being 20-11-1911, he is entitled to remain in service till 20-11-1971.

(3.) The petitioner joined the service of the Indian Posts and Telegraphs Department of the Government of India in the former Delhi Telegraph Engineering Division at New Delhi on 17-8-1935 as a junior Draftsman-Clerk in the cadre of 2nd Grade Clerks on probation tor one year. The letter oi appointment, No. S. B./R-55/102, dated 6-9-1935, has been filed as Annexure A. Tie was confirmed in the said post subsequently with retrospective effect from 17-8-1935. The petitioner averred in paragraph 4 of the writ petition that the post of Junior Draftsman-Clerk was a permanent post in the ministerial cadre of 2nd Grade Clerks. This averment has not been denied specifically by the respondent. The petitioner continued to serve as Junior Draftsman-Clerk till 1940, when he was transferred to Ambala Sub-Division as a Clerk, and he continued to work as such till 20-11-1942.