DIBAKAR ACHARYA Vs. STATE OF ORISSA AND ANOTHER.

JUDGEMENT

(1.) The petitioner was a bus conductor in the employment of the State Transport Service, a Government of Orissa undertaking. He was appointed on 10-6-1945 and was confirmed in his service in due course. Orissa Government servants were to retire at the age of 55, but by an administrative decision the age of retirement had been enhanced to 58 by resolution dated 15-9-1965. On 20-2-1968, the earlier resolution was cancelled and in modification thereof the age of superannuation was again fixed at 55 years. Following the aforesaid decision the petitioner was called upon by the District Transport Manager to retire from service as by then the petitioner was already 55 years. He actually reached that age on 2-3-1967. The petitioner wants us to quash that direction on the ground that he is a workman within the meaning of Rule 71 of the Orissa Service Code and is entitled to be in service until the age of 60 unless for the reasons indicated in the said rule his continuance in service beyond the age of 55 is not found possible.

(2.) Under Rule 71 of the Orissa Service Code workmen are entitled to remain in service upto the age of 60 unless for the contingencies referred to therein they are required to retire earlier. But the main dispute is as to whether the petitioner is a workman. "Workman" has been defined in a Note appended to the Rule 71 thus:-

(3.) Das, J. - I agree. Application dismissed.