ROSHAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Roshan Lal, Octroi Moharrir, Municipal Committee, Kotkapura, District Faridkot, has invoked the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution, for the issuance of a writ of mandamus directing the State of Punjab through the Director, Local Bodies, Punjab, and the Executive Officer, Municipal Committee, Kotkapura, to allow him to continue in service upto the age of 60 years. That is, upto 31st March, 1992, as that would be the date of his retirement from service on attaining the age of superannuation according to the service rules applicable to him in the Erstwhile State of PEPSU.

(2.) The petitioner's date of birth is 18th March, 1932. He joined service in the Municipal Committee, Kotkapura, District Faridkot, as Octroi Peon on 23rd Nov., 1950 and as Octroi Moharrir on 26th Dec., 1950. At that time, princely State of Faridkot stood merged along with seven other covenanting States to form the 'Part B' State of PEPSU. At the time of formation of the erstwhile State of PEPSU, and on the integration of services of the covenanting States with effect from 1st Sept., 1948, the age of retirement of the Inferior servants was 60 years and in the case of other employees, that is, clerical and above, it was 58 years. Same was the position in the former State of Punjab as under Rule 13 of the Punjab Municipal (General) Rules, framed under section 240 of the Punjab Municipal Act, 1911, it has been provided that the age of superannuation of the Superior servants shall be 53 years whereas in the case of Inferior servants it shall be 60 years. The petitioner's contention is that the post of Octroi Moharrir was an inferior post, hence, he had a right to continue upto 60 years of age. It is for the determination of this question that the present writ petition has been filed.

(3.) The respondents have contested the writ petition and have pleaded that the petitioner belongs to ministerial staff and has been drawing the pay scale of clerk. Hence, his age of superannuation under the service rules is 58 years. Since he is not an Inferior servant, the age of retirement in his case cannot be 50 years.