- (1.)BY this petition, the petitioner impugns the order dated 03. 08. 2007 (Annexure P/9) passed by the respondent No. 3, whereby the application filed by the petitioner was rejected on the ground that the age of superannuation of the petitioner was 30. 04. 2007 and the order dated 23. 06. 2007 (Annexure P/5)increasing the age of retirement from 58 to 60 years came into force with effect from 23. 06. 2007. Further, the petitioner seeks writ/direction to the respondents to permit the petitioner to continue as Assistant Project Range Officer till he attaines the age of superannuation i. e. 60 years with arrears of salary treating the entire period after 58 years on duty.
(2.)THE facts, in nutshell are that the petitioner served the respondent department as on the post of Assistant Project officer till he attained the age of 58 years. According to the learned counsel for the petitioner, during his service, he was awarded several certificates of excellence, silver medal and appreciation. The respondent No. 3 retired the petitioner compulsorily after having completed 58 years of service on superannuation by order dated 6. 9. 2006 (Annexure P/4 ). Alongwith the petitioner, other officers were also retired on having attained the age of 58 years. Accordingly, the petitioner retired on 30. 04. 2007 on attaining the age of 58 years. In the meantime, the State Government decided to increase the age of superannuation of Class I, Class II and class III employees to 60 years from 58 years and 62 years in case of Class IV employees. The order came into effect from 23. 6. 2007 (Annexure P/5 ). Other similarly situated employees who were to retire after 23. 6. 2007, as is evident from serial no. 6 to 28 from the list dated 6. 9. 2006 (Annexure P/4) were granted benefit of the order dated 23. 06. 2007 (Annexure P/5) as they had not attained the age of superannuation i. e. 58 years before the said date.
(3.)SHRI Vijay K. Deshmukh, learned counsel appearing for the petitioner would submit that it is not a case of retirement on attaining the age of superannuation but a case of compulsory retirement as stated in the order dated 6. 9. 2006 (Annexure p/4 ). Learned counsel further submits that the other employees who were to retire after 23. 06. 2007 were allowed to continue till attaining the age of 60 years.
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