MOHD ISMAIL Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) The writ petitioner, who was promoted as Traffic Inspector Grade-II with effect from 22-9-1987, filed this writ petition questioning his retirement on attaining the age of 58 years. He claims that he is entitled to continue in service till he completes the age of 60 years, which is the age of superannuation applicable to him.

(2.) The relevant facts are as follows:- The petitioner was originally appointed as a Conductor temporarily in the Road Transport Department, which was an integral part of the ex-Nizam State Railway, on 30-4-1952. He was promoted as an Assistant Depot Clerk in the year 1967 and thereafter he was promoted as Traffic Inspector Grade-II with effect from 22-9-1987. He was retired with effect from 31-10-1987 on the ground that he attained the age of superannuation viz , 58 years.

(3.) This writ petition is filed questioning the same and contending that he is entitled to continue till he attains the age of 60 years viz., till 31-10-1989. He relies for this purpose on Rule 231 of the Hyderabad Civil Services Rules, which is as follows :- 'The date of compusory retirement of a Government servant in superior and inferior service is the date on which he attains the age of 55 years and 60 years respectively. He may be retained in service after the date of compulsory retirement with the sanction of the Government on public grounds, which must be recorded in writing, but a Government servant in superior service must not be retained after the age of 60 years except in very special circumstances Provided that a workman whether in superior or in inferior service, who is governed by these rules shall ordinarily be retained in service upto the age of 60 years. He may, however, be required to retire at any time after attaining the age of 55 years after being given a month's notice, or a month's pay in lieu thereof, on the ground of impaired health or of being negligent or inefficient in the discharge of his duties. He also may retire at any time after attaining the age of 55 years, by giving one month's notice in writing" This Rule 231 was ultimately omitted by the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 (hereinafter referred to as 'the Act'). While omitting Rule 231 of the Hyderabad Civil Services Rules, a similar provision is made in Section 3 of the Act. The relevant portion of Section 3 is as follows :-