Excelsior Correspondent
JAMMU, July 9: Division Bench of State High Court comprising Justice Virender Singh and Justice Hasnain Massodi today decided a controversy relating to retirement age and held that an employee, who is appointed in the inferior service and promoted to the non-inferior service, cannot claim the retirement age of 60 years instead of 58 years.
The controversy arises after late Sat Pal Chopra, husband of Sarla Chopra and father of respondents No 2 to 4, who joined Department as fitter-cum-turner on August 13, 1962 and promoted as Meter-Reader on October 23, 1976 on the strength of his merit and seniority but was superannuated on attaining the age of 55 years on August 31, 1982.
Aggrieved over this, his legal heirs approached the Writ Court on the ground that Sat Pal Chopra was to retire at the age of 60 years as per the Civil Service Regulation 1956. The Writ Court allowed the petition following which Chief Engineer EM&RE Wing and others filed a review petition. The review petition, however, did not find favour and later the present LPA was filed.
After hearing Advocate G S Thakur for the appellant whereas Advocate Abhinav Sharma for the respondent, the DB observed, “if a person appointed as a peon-orderly prior to October 10, 1966 as a part of inferior service earns few promotions during service career and reaches up to the post of Head Clerk on his attaining age of 55 years (now 58 years) would be allowed to continue in service up to 60 years and his colleague in the office initially appointed as Junior Assistant (not part of inferior service), who has also risen-up to the post of Head Assistant at the time of attaining 55 yrs (now 58 years), would be compulsorily retired on attaining such age would be discriminatory in character and conflict with the mandate of Article 14 & 16 of the Constitution of India”.
With these observations, the DB allowed LPA and set-aside the order of the Writ Court dated December 3, 2005. “If the person appointed in inferior-service and promoted in non-inferior service, he cannot claim the benefit of retirement at the age of 60 years against 55 years (now 58 years)”, the DB held.
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