TRINATH PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this writ petition, who was working as the Head Draftsman in the Settlement Office, Berhampur, has challenged the order of his superannuation from service on his completing the 58th year of age with effect from 30. 6. 1984 A. N. vide Annexure -2. His contention is that under the Second Proviso to Rule 71(a) of the Orissa Service Code, he should be retained in service upto the age of 60 years as he is a workman. 'Workman' has been defined in the note appended below the said proviso. It is as follows :

(2.) IN the counter it has been stated that the petitioner is not an artisan. The post of Head Draftsman is treated as a technical one for the purpose of administrative convenience only.

(3.) IN the result, the writ petition is allowed and the order passed in nnexure -2 is quashed. The petitioner has retired from service with effect from 30. 6.1984 pursuant to the order issued under Annexure -2. He should be taken back to service immediately. He shall be deemed to be continuing in service and shall be entitled to all consequential service benefits. There would be no order as to costs. K.P. Mohapatra, J.