VLRANJEE PRASAD Vs. EXECUTIVE ENGINEER RW D MAHARAJGANJ

JUDGEMENT

(1.) D. K. Seth, J. The petitioner was ap pointed as work agent in the Public Works Department, in the State of Uttar Pradesh on 27-5-1960 in the Pay Scale of Rs. 55-65/ -. Subsequently, it is alleged that he was posted as Work Supervisor with effect from March 1974 in the Pay Scale of Rs. 330-495/.

(2.) SRI J. K. Tewari, learned counsel, holding brief of SRI Shashi Nandan, con tends that he continued in the said post of Work Supervisor and, therefore, by reason of Rule 56 (a) Proviso of Financial Hand Book the petitioner is eligible to continue till the age of 60 years on the basis of amendment incorporated on 8th July, 1987 in the said Rule.

(3.) THEREFORE, it is necessary in order to determine as to whether the proviso to Rule 56 (a) is applicable in the case of the petitioner. If the petitioner holds Group-D post in that event he would be eligible to retire on attainment of 60 years of age. Relying on the definition of Group-D post learned counsel for the petitioner con tends that if minimum of pay scale is less than Rs. 354/- in that event the person is to be treated as holding Group- D post. Ac cording to him prior to 5-11-1985 he was in the pay scale of Rs. 330-495/ -. THEREFORE, according to him he was holding the Post within the purview of Group-D post, namely, the basic pay of the petitioner then in the said scale was less than Rs. 354/.