LALLAN PRASAD SHARMA Vs. EXECUTIVE ENGINEER, NALKOOP KHAND

JUDGEMENT

(1.) On the case being taken up In the revised list, none has appeared on behalf of petitioner. The learned Standing Counsel has been heard and the record has been perused.

(2.) Petitioner who was Initially appointed as tube-well operator wee promoted on the post of Seench Parvekshak in the year 1988 in the scale of Rs. 1200-2040. When he was intimated about his impending retirement on attaining the age of 58 years by means of a notice dated 6-9-1993, he approached this Court for quashing the same and directing the respondents to allow him to continue in service till he attains the age of 60 years in view of his original poet being of tube-well operator. An interim order dated 1-2-1994 was passed In this petition on the undertaking given by the petitioner that he should be allowed to continue till the age of 60 years on the post of tube-well operator and he fore goes his post retirement benefits qua the post of Seench Parvekshak, on which the petitioner was allowed to continue up to the age of 60 years and the undertaking directed to be taken on record of his service book for post retirement benefits.

(3.) Undisputedly the post which the petitioner was holding till he competed the age of 58 years was Group-C post, hence the retirement on superannuation was due on completing 58 years and not 60 years of age. Although the petitioner sought an interim order on the premise of seeking reversion to the lower post of tube-well operator simply for getting two years extension in his service tenure, it is alleged in the counter affidavit that the petitioner was never reverted to the post of tube-well operator and worked as Seench Parvekshak till his retirement but the exact date is not given.