PURAN SINGH THAPA Vs. STATE OF U P

JUDGEMENT

(1.) THE appellant was a work-charge employee in the Irrigation Department of the State of Uttar Pradesh who was working on the post of an Operator, On 27-2-1993 the Executive Engineer, Uppar Ganga Canal Modernisation Project-Ill (world Bank) Roorkee gave a notice to the appellant that in accordance with para 29 of the Irrigation Manual of Orders the appellant having completed the age of 58 years will be discharged from the service. THE appellant in the writ petition challenged the aforesaid notice which was dismissed by the learned Single Judge in limine on the ground that there was no merit in the writ petition. THE present special appeal has been filed against the aforesaid decision of the learned Single Judge.

(2.) LEARNED counsel for the appellant in the present special appeal has urged the following points :

(3.) THE next question which arises for determination is as to whether in respect of work charged employee whether any superannuation age has been provided under any statutory provision or under any Government Order. In the Special Appeal a counter affidavit has been filed in which Government Order dated 27th February 1982 has been annexed which clearly shows that the posts have been classified in four categories on the basis of the Second Pay Commission. THE four categories are Category 'A' which carries a Pay scale the maximum of which is not less than Rs. 1720/-. THE category 'B' posts contains the pay scale of which the maximum pay scale does not exceed Rs. 1720/- Category C posts are such non gazetted posts which carries the minimum pay scale of Rs. 354/ or above and all other non gazetted posts are included in category 'D'.