HEM DUTT MATHUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution has been referred to a Division Bench by a learned single Judge.

(2.) THE petitioner was born on 17-9-1911. He was appointed to a post in the Jaipur Municipal Council on 5-9-43. At that time the Council was a department of the Government of Jaipur. With effect from 1-11-46 the Municipal Council became autonomous and option was given to the employees to opt for State service or municipal service. The petitioner opted for municipal service. The City of Jaipur Municipal Act, 1943 was continued by the Rajasthan Administration Ordinance No. 1 of 1949 on the integration of the State of Jaipur with Rajasthan. The City of Jaipur Municipal Act was repealed by Section 2 of the Rajasthan Municipalites Act, 1959 which was brought into force with effect from 17th October, 1959. Section 297 of the Rajasthan Act gave power to the State Government to frame rules prescribing the conditions of service of the municipal employees including the fixation of their age of superannuation. On 20th May, 1963 the Local Self-Government Department Notification No. F. 18 (a) (2)DLB/63 dated 20-5-63 was issued which ran as follows:--

(3.) ON 24th October, 1963 the Rajasthan Municipal Subordinate and Ministerial Service Rules, 1963 came into force, under Rule 36 of which, the State Government made applicable to the municipal employees the Rajasthan Service Rules, 1951 (except provisions relating to pension and payment of medical allowances (as amended from time to time ). The age of superannuation is prescribed under Rule 56 of the R. S. R. The age of superannuation was 58 years under these rules in October, 1963 having been raised from 55 years to 58 years by Finance Department Notification No. F. 1 (84) FDA (Rules) 62 dated 31-8-63.