SAILENDRA BIKASH SEN Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard the learned counsel for the both sides.

(2.) The petitioner Sri Sailendra Bikash Sen was initially appointed as work charged Mohorrar on 10.8.1964. Later on he was promoted as work Inspector Gr. I in November, 1986. The post of Inspector Gr. I is a regular post in Grade-Ill under the State of Arunachal Pradesh. The petitioner has attained the age of 58 years on 31.10.03 and he was directed to retire on attaining the age of superannuation. The petitioner has approached this court stating interalia that under the CPWD Rules which are adopted by the State of Arunahcal Pradesh, an work charged employee is entitled to continue his services till the age of 60 years and as such the said benefits should be extended to the petitioner.

(3.) The respondent State has filed an affidavit-in-opposition stating that the writ petitioner is holding a post of Grade III and the imployees holding the post of Grade III are regular employees of the Department getting all the service benefits including regular scale of pay, increments, GPF, Gratuity, Leave encasement etc. They are governed by the service Rules of the State Government and the age of retirement of the regular employee in the State of Arunachal Pradesh is 58 years and accordingly the petitioner was directed to retire on attaining the age of superannuation and in fact the petitioner has retired from service. The respondent State has further stated that the benefits of CPWD Manual Volume III are meant for Grade-IV employees as there is no other service benefits provided to the work charged employees and oence, the age of superannuation is 60 years in case of non regular work charged employees in Grade-IV.