BHARATSINH RAMSINH JADEJA Vs. MANAGING DIRECTOR GSRTC

JUDGEMENT

(1.) Bharatsinh Ramsinh Jadeja has filed the present petition to challenge the order of the respondent hy which he was not permitted to retire on the attaining the age of 60 years and was directed to retire on attaining the age of 58 years. The present petitioner joined the service of the Saurashtra Road Transport Corporation on 9.5.1959 as electrician. Thereafter he had become permanent employee of the Saurashtra Road Transport Corporation (hereinafter referred to as 'SRTC'). The SRTC was subsequently merged in the year 1961 with Gujarat State Road Transport Corporation (for short "GSRTC"). The service conditions of the employees of the SRTC as well as GSRTC were not one and the same. In view of the difference in service condition, the GSRTC passed resolution on 27th January. 1961 making amalgamation, of the said service conditions. In the said resolution, I am concerned only with the Clause 10 - Age of Retirement. From this Clause 10, I am particularly concerned with para 2 of the said Clause 10 which runs as under :

(2.) Mr. H.K. Rathod, learned advocate for the petitioner vehemently urged before me that in view of the above para, as the present petitioner was the permanent employee of the workshop, he was entitled to serve till the completion of 60 years and there was no justification of compelling him to retire after completing age of 58 years.

(3.) The petitioner was served with a notice to retire at the age of 58 years by issuing notice dated 2.5.1995 and his date of retirement was mentioned as 31st October, 1995. After getting the said notice, he had made a representation to allow him to continue uplo his age of 60 years as he was originally belonging to Saurashtra Transport Corporation. The said claim of the petitioner was rejected by the respondent by mentioning therein that as he was not originally the employee of Saurashtra Road Transport Corporation, he was not entitled to continue to till completion age of 60 years. Thereafter he made repeated representation but they were of no use and ultimately he was compelled to retire on completion of 58 years and therefore he has filed this present petition.