JUDGEMENT
Bharat Bhushan Parsoon, J. -
(1.)QUESTION posing for answer in this petition is, as to whether a driver who hitherto had served Pepsu State before its merger into the State of Punjab, could continue in service till the age of 60 years? The petitioner had joined Director of Health Services, Patiala on 30.5.1955 vide orders of 19.5.1955 and had been serving at Second Touring Dispensary, Kalait, District Sangrur. Later, his services were transferred to the State of Punjab. As per the Pepsu Services Regulation (for short, mentioned as, PSR), services of the petitioner were classified as inferior services. He was thus f|6 retire on 31.8.1997 on attaining the age of 60 years. Services of the petitioner were protected under sub -section 7 of Section 115 of the State Re -organization Act, 1956 which provided a guarantee against the change to detriment of the petitioner wherever in the State he was to be deputed to serve. It is claimed by the petitioner that since his service conditions could not be changed to his detriment, he was to continue for 60 years as per his original conditions of service. He continued serving as driver with the respondents and retired at the age of 58 years. By way of this petition, the petitioner seeks issuance of a writ of mandamus directing the respondents to treat him in continuous service and to grant him all consequential benefits. Operation of impugned orders of 28.8.1995 and 31.8.1995, Annexures P -6 and P -7 respectively, vide which he was asked to retire on the age of 58 years were also sought to be quashed.
(2.)THE respondents contesting claim of the petitioner had taken a stand that the petitioner having become class -III employee at the time of retirement was to retire at the age of 58 years in terms of Rule 3.26 of the Punjab Civil Services Rules (hereinafter called as the CSR), Volume I, Part -1. It is claimed that even if an employee initially joins a post in class -IV service but moves on class -III service, then retirement age is 58 years and not 60 years. Prayer for dismissal of the petition was made.
I have heard learned counsel for the parties and have gone through the paper book.
(3.)PLEA of learned counsel for the petitioner is that the petitioner was recruited as driver and continued to be so till his retirement and throughout was holding a class -IV post and thus was to continue in service till attaining the age of 60 years and could not have been retired on completion of 58 years.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.