MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Whether the petitioner who is working as Physical Training Instructor in the service of Government of Punjab is entitled to the benefit of the amendments made by the Government of India in the Rules regulating the conditions of service of its employees and thus, he is entitled to continue in service upto the age of 60 years is the question that arises for determination in this petition.

(2.) The petitioner has averred that the was appointed as Instructor Grade II in the service of Government of India, Ministry of Education. In the year 1965, the Government of India decided to discontinue the scheme under which the persons like the petitioner had been appointed and the existing employees were decided to be absorbed in the services of the different States. Accordingly, Draft Rules were framed by the Government of India for transfer of the National Disciplinary Scheme Instructors to the State Governments. In furtherance of that decision, the services of the petitioner were placed with the Government of Punjab. He was subsequently absorbed in the service of the Government of Punjab as Physical Training Instructor. Presently he is working as Sports Incharge, Malerkotla.

(3.) The petitioner has claimed that in terms of the amendment made in the service Rules by the Government of India extending the age of retirement of its employees he has the right to remain in service till the age of 60 years. He has filed this petition apprehending that the respondent No. 1 and its officers may retire him at the age of 58 years.