SIBAPADA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Counsel for the State.

(2.) In this writ application the only question arises as to whether the petitioner shall be retired at the age of 58 years or not. The petitioner was appointed as Class-IV, Group-D employee on 3.3.1954. He was promoted to the post of Painter in the office of the Katwa Sub-Divisional Hospital. The petitioner thus became Group-C employee from Class-IV, Group-D employee in terms of the Rules.

(3.) The learned Counsel for the petitioner submits that in terms of Rule 76 of the West Bengal Service Rules the age of retirement of the petitioner would be 60 years. The said Rule 76 (b) and the Note 2 appended thereto reads thus: