(1.) THE Petitioner was appointed as a driver by the District Health officer of Keonjhar in March, 1960. His date of birth was entered in the records of service as September, 1915 (Vide Annexre -2). The Petitioner was superannuated with effect from 15 of September, 1970 by an order dated 10th of June, 1970. (Annexure -3) en the footing that he was to retire on attaining the age of 55. He challenges this order of superannuation as being contrary to law and contends that being a driver his case is directly covered by Rule 71(a) of the Orissa Service Code. It is averred that he continues to be of good health and is efficient in discharge of his duties and, therefore, he is entitled to serve until attaining the age of 60.
(2.) IN this case notice of admission and hearing was issued on 11 -10 -1972 and in spite of notice no counter has been filed. We have, therefore, to proceed on the basis of the uncontroverted allegations made in the writ petition.