GURAVA REDDY T Vs. COMMISSIONER OF ENDOWMENTS

JUDGEMENT

(1.) The petitioner in this writ petition has been working as Attender in Sri Kalahasteeswaraswamy Devasthanam, Srikalahasti, Chittoor District. He attained the age of 60 years in the month of June, 1995. The second respondent issued the impugned proceedings dated 6-4-1995 intimating to the petitioner that he was due to attain the age of superannuation by the end of June, 1995 and hence to retire accordingly. The petitioner challenged the above proceedings on the ground that he is entitled to be continued upto the age of 65 years as per the rules framed under Section 100 of Act 19 of 1951.

(2.) It is asserted by the petitioner in paragraph 6 of the affidavit that under Rule 2 of the rules framed under Section 100 of the said Act, "no person may be appointed to hold any office unless he is not less than 25 and not more than 65 years of age". He has cited certain instances wherein this Court granted interim suspension of similar proceedings in respect of some other employees. W.P.Nos. 2381 of 1994 and 21673 of 1994 are such instances.

(3.) The petition is resisted by the respondents by filing a counter affidavit. The second respondent denied all the affidavit averments and contended that as per the rules framed under the Endowments Act the servants of all the institutions have to retire On attaining the age of 58 years and those belonging to Class IV have to retire on attaining the age of 60 years. The relevant rule is extracted in the counter affidavit and it reads thus: