JAGAN NATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IS the action of the Municipal Committee, Bhatinda, in retiring the petitioner who was working as an Octrio Clerk at the age of 58 years illegal. This is the short question that arises for consideration.

(2.) THE petitioner alleges that he had been appointed as a Peon on August 11, 1948. On September 1, 1948, the princely States were merged to form the erstwhile State of PEPSU. According to the petitioner, he was integrated as an Octroi Moherrir on November 30, 1950. On September 30, 1988, the second respondent passed an order retiring the petitioner from service. He filed a representation claiming that he could not be retired at the age of 58 years as the age of retirement in the erstwhile State of PEPSU was 60 years. Even in the Rules framed Under Section 240 of the Punjab Municipal Act, 1911, "at the time of appointment" of the petitioner, an employee was entitled to continue in service till he attained the age of 60 years. The original rules were substituted by the rules framed in the year 1979, but the rights and obligations existing on the date of the promulgation of these rules were fully protected. Accordingly, the petitioner claims that he had a right to continue in service up to the age of 60 years. He consequently prays that the order dated September 30, 1988 passed by the second respondent be quashed. A written statement has been filed on behalf of the respondent -Committee. It has been averred that the petitioner was working as an Octroi Clerk. He was not a Class IV employee. He has been retired from service in accordance with law. It has also been stated that the writ petition having been filed more than 18 months after the date of retirement, is belated and deserves to be dismissed on this ground. On merits, it has been pointed out that he was appointed as an employee of the Municipal Committee. At the time of his initial appointment, there were no rules. The provisions of the Punjab Municipal Act, 1911 were extended to the territory of the erstwhile State of PEPSU by Punjab Act No. V of 1959. It was only thereafter that the Act and the Rules became applicable to the petitioner. It has been further pointed out that out that the old rules were repealed by the Punjab Municipal General Rules, 1979. Under Rule 22, the age of the retirement has been fixed. Only Class IV employees are entitled to continue up to the age of 60 years. The other employees retire on attaining the age of 58 years. Since the petitioner was not holding a Class IV post, he was not entitled to continue in service till the age of 60 years. The claim of the petitioner that his services had been integrated in the State's services has been controverted. According to the respondent, the petitioner was never appointed to serve in connection with the affairs of the State. He was an employee of the Municipal Committee and retired as such. These are the pleadings.

(3.) THE short question that arises for consideration is - Did the petitioner have a right to continue in service till the age of 60 years. 5. Admittedly, the petitioner had joined service of the respondent -Committee, Bhatinda. The town of Bhatinda was initially a part of the princely State of Faridkot. On September 1, 1948, it was integrated with the other princely States to form PEPSU.