UNION OF INDIA Vs. GOBINDER SINGH

JUDGEMENT

(1.) Gobinder Singh, writ petitioner (now respondent) was appointed as Excise Moharrir on 20th Aug., 1937 in the erstwhile State of Patiala on a permanent basis. On the formation of erstwhile State of PEPSU, he was integrated as Head Assistant in the Income-tax Department. On 1st April, 1951, when the Income-Tax Department of the erstwhile State of PEPSU was taken over by the Central Government, the petitioner was absorbed on substantive basis as Upper Divisional Clerk in the Income-Tax Department, Government of India. The petitioner was sought to be retired on attaining the age of 58 years with effect from 1st March, 1975. Earlier he had requested for extension in service beyond 58 years upto the age 60 years. Vide order dated 19th Oct., 1974, his representation had been rejected informing him that he would be retired on attaining the age of 58 years and he could not continue upto the age of 60 years. Feeling aggrieved by the action of the Union of India in retiring him at the age of 58 years, Shri Gobinder Singh had filed a writ petition. The learned Single Judge allowed the writ petition holding that under Rule 56-C of the Fundamental Rules, the petitioner was entitled to demental Rules, the petitioner was entitled to continue upto the age of 60 years. Dissatisfied with the said judgment of the learned Single Judge, the Union of India, has come up in the present appeal.

(2.) The learned counsel for the appellants has submitted that in fact the age of retirement of the petitioner was 58 years; and not 60 years, as held by the learned Singe Judge. The learned counsel drew our attention to the following averments in para 7 of the written statement to the writ petition:-

(3.) Admittedly the petitioner had joined the service of the princely State of Patiala on 20.8.1937. The provisions of the aforesaid fundamental rules which applied initially to the Government servants in what was then known as British India would only apply to personnel from the former princely State to the extent to which they were made applicable under the terms and conditions offered to these employees when they were integrated in the Central Government service in due course. So far as the petitioner is concerned his final integration in the Central Government service was through an intermediary stage when from the Patiala State Government Service he was integrated in the service of the PEPSU Government. On the coming into force of the Constitution of India, the State of PEPSU became one of the part 'B' States. Unlike many other servants of the PEPSU State who were integrated in other states by the two re-organisations that took place in 1956 and 1966, the petitioner was integrated in the service of the Central Government as a result of the Federal Financial Integration of part 'B' States which is the case of the employees from PEPSU took place with effect from 13.4.1950. In order to give effect to this integration the Government of India, Ministry of Finance issued executive orders from time to time on the subject of pay, allowances, pensions etc. of the employees who were thus transferred to the Central Government service. 3A. One of these executive orders was contained in the Ministry of Finance's Memorandum No. F. 5(14)-E-III/51, dated 13.6.1951. Para 5 of this circular provided that :