SHAM LAL SOOD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS judgment will dispose of C. W. No. 1660 of 1970, Sham Lal Sood v. Union of India and C. W. No. 8 of 1971, Roshan Lal Sharma v. Union of India as common questions of law and fact arise in both these petitions.

(2.) SHAM Lal Sood, petitioner in C. W. No. 1660 of 1970, joined service as a Clerk in the Postal Department of the erstwhile Patiala State on April 25, 1931 and was confirmed in that post with effect from November 26, 1935. With effect from august 20, 1948, the Patiala and East Punjab States' Union (hereinafter called the pepsu State) was formed by the merger of Eight Punjab States, including Patiala, and all the employees of those covenanting States became the employees of the postal Administration of that Union. The Constitution of India was brought into force with effect from January 26, 1950, as a result of which the Postal department of the Pepsu State was amalgamated with the Postal Department of the Union of India with effect from April 13, 1950, and the permanent staff working on that date was given option either to elect the Central scales of pay and allowances and other conditions of Service or elect to be governed by the pre-absorption conditions of service vide Government of India, Ministry of Finance communication No. F. 5 (14)-E/iii/51 date June 13, 1951. In terms of that communication, the petitioner gave his option on October 25, 1951, electing the central scales of pay and allowances and other conditions of service. Thereafter, a clarification was issued by the Government of India on December 10, 1951, according to which the words "as for post-1938 entrants" were to be added to the second sub-para of page 5 of the original communication dated June 13, 1951. The case of the respondents is that under the option exercised by the petitioner he had to retire at the age of 58 years, which is the age of superannuation of post1938 entrants. The case of the petitioner, on the other hand, is that he is governed by clause (c) of Fundamental Rule 56, under which his age of superannuation is 60 years as he is a pre-1938 entrant into service.

(3.) ROSHAN Lal Sharma, petitioner in C. W. No. 8 of 1971, was appointed as a Clerk in the Postal Department of the erstwhile State of Patiala on March 8, 1934 and was confirmed in that post with effect from that very date. He also became an employee of the Pepsu State after its formation and exercised his option in favour of Central scales of pay and allowances and other conditions of Service like Sham lal Sood. He also claims to be pre-1938 entrant and, therefore, entitled to continue in service till attaining the age of 60 years, which is the age of superannuation under clause (c) of Fundamental Rule 56.