SYED MEHDI SHAH Vs. STATE

JUDGEMENT

(1.) PETITIONER a Chowkidar in Education Department was to return on 31 - -3 -1990, but was actually made to retire on 31 -3 -1992. The reason being that the Education Department treated his case as covered by Article 226(1) read with Schedule II (inferior service) of CSR. This provision would have applied only to those cases where the employees of said inferior service joined such service after 10 -10 -1996, while petitioner joined the service on 11 -8 -1979. Petitioner has been paid for the period of over stay and has rendered duties and performed work. Respondent no. 2 Accountant General, refused to treat two years period beyond 31 -3 -90 towards petitioners qualifying service for pension and instead treated him as having retired on 31 -3 -1990 (Annexure P1). This annexure is challenged in this petition with prayer of finalising the pension case of the petitioner and release of his other pensionary benefits and for regularisation of petitioners overstay period.

(2.) REPLY has been filed by respondents. The respondents case is that the petitioner, a member of inferior service, being covered by Article 226(1) of CSR, read with Schedule II of CSR Vol. II had to retire on attaining the age of 58 years as he had joined the duty on 11 -8 -1979, much beyond the cut off date provided for retirement of persons of inferior service at 60 years. The cut -off date is 10 -10 -1966 and therefore, the petitioner shall be deemed to have been retired on 31 -3 -1990. Regularisation and counting to be not permissible on the plain language of the Article 226(1) read with Vol (II) of CSR (Inferior service).

(3.) HEARD .