SAL KISHAN KAROSIA Vs. COMMISSIONER, M. C., SAGAR

JUDGEMENT

(1.) THAT petitioner is class IV servant in the Municipal Corporation, Sagar and was last working as Safai Naib Daroga. By the impugned order issued on 5.6.1990 (Annexure -B), he has been retired w.e.f. 30.6.1990 on attaining 58 years of age.

(2.) THE Learned Counsel for the petitioner submits that the Class IV servants of the Municipal Corporation, under the rules, are entitled to continue upto the age of 60 years and cannot be retired before attaining the age of superannuation.

(3.) WE , therefore, heard the learned counsel for the petitioner and we find that the contention is, Well -founded. The Class IV servant of the Corporation has right to continue in service upto the age of 60 years which is the superannuation age fixed for Class IV servants. The petitioner has retired w.e.f. 30.6.1990 at the age of 58 years, who is entitled to continue upto 60 years of age i.e. upto 30.6.1992. Since the petitioner could not get that relief because of the delay on the part of the Corporation in not appearing in this Court, we direct that the petitioner shall be paid all arrears of salary and other monetary benefits for the period between 30.6.1990 i.e. the date on which he has prematurely retired and 30.6.1992 which was his due date of retirement. .