MAHESHWAR MAHARANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is an application for a writ of certiorari and is directed against order superannuating petitioner with effect from 1-6-1974 on completition -of 55 years of age vide Annexure-2.

(2.) The Police Department of the State Government runs a motor transport workshop at Cuttack.On 6th April; 1946, the Assistant to"the Inspector General of Police;Orissa invited applications for posts of Head Fitter, Electrician, Black smith, Fitter and Painter vide Annexure-9. Petitioner applied for the post of Painter and ultimately joined service with effect from 6-1-1947 as a Fainter-Havildar Major which post he held until he Was directed to superannuate with effect from 1-6-1974. Petitioner's date of birth is admittedly l-6-1919 and if he was due to retire on completion of 55 years of age which was at the relevant time theperiod forretirement of Government servants, petitioner would have ho- grievance to make. According to him, however,he was a workman within the ambit of Rule 71 (a) of the Orissa Service Code and was therefore, entitled to remain in service until he was 60 years of age. When petitioner received notice under Annexure-2 saying that he was going to be superannuated with effect from 1-6-1974, he made a representation claiming his entitlement to continue in service up to his becoming 60 years of age. This representation was negatived and petitioner was superannuated. The superannuation is assailed by the petitioner in this writ application.

(3.) A counter-affidavit was filed supporting superannuation. Thereafter parties have freely filed affidavits in support and opposition of the claim laid by the petitioner.