VEER SARAN MATHUR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) PETITIONER claims to have been appointed as Lekhpal on 9 -4 -1953. It has further been claimed that he was later on promoted as Registrar Qanungo on which post he is working till date. He has filed this writ petition challenging the order of his retirement dated 23 -9 -1992 with effect from 31 -1 -1993.

(2.) THE submission of the learned Counsel for the petitioner is that Lekhpal being a post of Group 'D', is to retire at the age of 60 years under Fundamental Rule 56 and it is not open to retire him at the age of 58 years as a Registrar Qanungo. Learned Standing Counsel has disputed the above submission.

(3.) PETITIONER who has been promoted as Registrar Qanungo, which is also a post of Group 'C' is liable to retire at the age of 58 years. It is not open to the petitioner to say that he should not be retired as Registrar Qanungo but should be retired as Lekhpal. In this connection reference may be made to the decision of the Supreme Court in the case of L.I.C. v. S.S. Srivastava : AIR 1987 SC 1527, wherein the similar contentions were rejected. Relevant extract from the said judgment is reproduced below: