TEJ PAL SINGH Vs. BSES RAJDHANI POWER LIMITED

JUDGEMENT

(1.) By this writ petition, petitioner who was working as a Chowkidar with the erstwhile Delhi Electric Supply Undertaking (DESU), and whose successor-in-interest is the present respondent-M/s BSES Rajdhani Power Limited, claims that he should be retired not at the age of 58 years but at the age of 60 years. Petitioner claims that he was born on 25.12.1938 and therefore he would stand retired on 25.12.1998 and not on 31.12.1996 when he was retired.

(2.) Learned senior counsel for the respondent has drawn my attention to the circular dated 2.6.1981 issued by the Delhi Electric Supply Undertaking, as per which, the security staff will retire at the age of 58 years and other Class-IV employees will retire at the age of 60 years. This circular is an office order and which reads as under:-

(3.) The aforesaid office order dated 2.6.1981 has been referred to in para 5 of the preliminary objections of the counter-affidavit of the respondent and in the rejoinder-affidavit no satisfactory reply has been given, and which obviously could not have been given because it is this circular dated 2.6.1981 which will hold the field as per which security staff such as the petitioner would retire at the age of 58 years and not 60 years. I may note that at the relevant point when the petitioner retired, Delhi Electric Supply Undertaking was existing and being a government organization it would have uniformly applied the rule of retirement at the age of 58 years to all the security staff.