OM PRAKASH SHARMA Vs. ZILA PANCHAYAT RAJ OFFICER

JUDGEMENT

(1.) All the three writ petitions raise a common question and have been filed for a writ of certiorari to quash a notice/order retiring the 3 Petitioners on superannuation on attaining the age of 58 years and mandamus directing the Respondents to allow them to continue in service till each one of them attains the age of 60 years, with full benefits as to pay and allowances.

(2.) All the three Petitioners were initially appointed on the post of Panchayat Secretary. The name of the said post was subsequently changed into Panchayat Sewak w.e.f. 1-10-1971 and Gram Panchayat Adhikari in the year 1981. The post of Gram Panchayat Adhikari was an inferior service included in Group 'D'. On 5-11-1985 the Government of Uttar Pradesh issued a G.O. to the effect that such members of inferior service who were appointed before the said date and were continuing in inferior service will retire on attaining the age of 60 years and persons appointed subsequently will retire at the age of 58 years. The Petitioners though are presently officiating on the post of Assistant Development Officer (Panchayat), which is a Group 'C' post, their substantive post is still of Gram Panchayat Adhikari. While making amendment to Fundamental Rule 56 in the Financial Handbook Vol. II Parts II to IV, vide Annexure '2' G.O. dated 28-7-1987. it was also provided that employees in Group 'D' appointed prior to 5-11-1988 will retire on completion of 60 years. In disregard and violation of the aforesaid rules and Government Orders, however, the Respondent No. 1 Zila Panchayat Raj Adhikari, Meerut issued the impugned notices/order to Petitioner Om Prakash Sharma to retire on 31-1-1992, Petitioner Mahabir Singh to retire on 31-7-1991 and to Petitioner Ishwar Singh to retire on 31-1-1992 on completing 58 years of age. The said notice/order being illegal and contrary to the rules and Government Orders is liable to be quashed and the Petitioners aforesaid are entitled to continue in service till they attain the age of 60 years respectively on 31-1-1994, 31-7-1993 and 31-1-1994.

(3.) The petitions have been resisted by the Respondents on the ground that post of Gram Panchayat Adhikari held by the Petitioners became a Group 'C' post w.e.f. 5-11 -- 1985. Consequently, the age of superannuation 60 years applicable to Group 'D' posts is not applicable to them. Further the Petitioners having been promoted to, and holding, the post of A.D.O. Panchayat, which also is a Group 'C post, they are liable to retire on superannuation on attaining 58 years of age.