PRAVINCHANDRA S.SHETH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner ­ a retired Railway servant is before this Court being aggrieved by judgment and order dated 08.12.2004 passed by the Hon'ble Central Administrative Tribunal, Ahmedabad Bench in O.A. No.140 of 2004. The Hon'ble Tribunal was pleased to hold as under: -

(2.) THE case of the petitioner is that the petitioner entered services of Railways as a peon prior to 01.12.1962 (he was appointed as peon on 01.12.1960). Subsequently, he was promoted as Assistant Goods Clerk, thereafter to Senior Goods Clerk and next thereto as Head Goods Clerk. He retired as a Head Goods Clerk on 31.01.1995 on attaining age of 58 years. The case of the petitioner which was agitated before the Hon'ble Tribunal was that he having entered the services on Group -'D', as provided in sub -rule (b) of Rule 1801 of IREC Volume -II, he ought to have been retired at the age of 60 years. The Hon'ble Tribunal has set out the facts in detail, has set out the provisions of law in detail and has set out the contentions raised by learned Advocate Mr.Malhotra for the applicant -petitioner herein. Not only that, the Hon'ble Tribunal has taken pain to consider all those authorities which were cited before the Hon'ble Tribunal.

(3.) LEARNED Advocate for the petitioner lost sight of the fact that Clause -(b) of Rule 1801 of IREC Volume - II is different than Clause -(c) of Fundamental Rule 56. Significant difference between these two Rules is that in Clause -(c) of Fundamental Rule 56 is, " ministerial Government servant who entered Government service on or before the 31st March, 1938.....", whereas in Clause -(b) of Rule 1801 of IREC Volume -II is, "Railway Servant in Group 'D' service or post, who, prior to 1 st December, 1962 was entitled to serve upto the age of sixty years, shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years". While Fundamental Rule 56(c) gives importance to the entry in service, Clause -(b) of Rule 1801 of IREC Volume -II gives importance to the factum of being in Group -'D' service or post prior to 01.12.1962.