LACHAMA DEVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL these writ petitions are being disposed of by this common order since the controversy invovled in all of them is common, with regard to the age of retirement of work-charged employees.

(2.) IN exercise of the powers conferred by proviso to Article 309 of the Constitution of INdia, the Governor of Rajasthan made the rules for regulating recruitment and conditions of service of the work-charged employees of the Public Works Department (Building and Roads) including Gardens, Irrigation, Water Works and Ayurvedic Departments which are knowns as Rajasthan PWD (B&r) including Gardens, Irrigation, Water Works and Ayurvedic Department Work-charged Employees Service Rules, 1964. The said Rules were made applicable by notification dated 18. 1. 1989. The work-charged Rules were made applicable to the work-charged employees of the Forest Department excluding departmental opration circle. Under the Rules of 1964 a work- charged employee has been considered as an employee who is actually employed for or on the execution and/or supervision of works both original and maintenance, supervision of departmental labour machinery and works etc paid on daily or monthly basis. The workcharged employee has been categorised as semi permanent and permanent. Rule 8 provides the compulsory retirement. It is stated that except as otherwise provided in the Rules (i) the date of compulsory retirement of the employees of the categories specified in the Schedule appended to the Rules, shall be the date on which the employees attain the age of 58 years and (ii) the date of compulsory retirement of other employees shall be the date on which such employees attain the age of 55 years. The categories which have been specified in the schedule are 21 which are as under: - 1. Blacksmith, 2. Turner, 3.Jamadar, 4.Moulder, 5. Carpenter, 6. Welder, 7. Painter, 8. Helper other than of the lowest grade, 9. Tailor, 10. Fitter, 11. Upholster, 12. Driver of vehicles & Machinery including heavy earth moving machinery, 13. Electrician, 14. Wiremen, 15. Stores, Cutter or Dresser, 16. Mechanic, 17. Modeller, 18. Mason, 19. Plumber, 20. Caneman, 21. Dhobi. There are other rules regarding pay scales, rate of increments, casual leave, earn leave paid and weekly holidays, consolidated wages, disciplinary action and payment of wages etc.

(3.) RELIANCE has been placed on the decision in the case of Jeewanlal Ltd. vs. Workmen (6), wherein it was observed by the Apex Court that - "the present day tendency is to fix the age of superannuation generally at 60 unless the Tribunal feels that the work of the operatives is particularly arduous or hazardous where workmen may lose efficiency earlier. " Earlier the standing orders of Forest Department itself were issued under the proviso to Article 309 of the Constitution of India and these standing orders were held applicable from 8. 5. 73 as per decision of the Supreme Court in the case of State of Raj. vs. Mohan Singh Civil Appeal No. 13539/89 decided on 14. 8. 89. After adopting the work-charged Rules of 1964 vide order dated 18. 1. 1989 the petitioners are governed by be Rules of 1964.