CHARAN DAS KALLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) APPELLANT-petitioner in this case, which working as Class IV servant in the Municipal Council, Jodhpur, was promoted as Assistant Sanitary Inspector on 17. 4. 1984. Thereafter, by order dated 20. 11. 1991, following order was communicated to the petitioner, who was then working as Assistant Sanitary Inspector: ***

(3.) BEFORE the learned Single Judge, it was also pointed out by learned counsel that retirement age of Jamadar is 60 years and of Assistant Sanitary Inspectors and officers is 58 years and, appellant-petitioner has been superannuated at the age of 58 years by treating him to be working on the post of Sanitary Inspector Gr. II, as is apparent from the documents produced along with the writ petition. However, learned Single Judge rejected the contention founded on the difference in retirement age in the case of Assistant Sanitary Inspector and in case of Jamadar, by holding that since plea was not raised in the earlier petition, referred to above, appellant-petitioner can not now raise this plea on the principle of constructive res judicate and then agreed with the conclusion of the competent authority.