Decided on August 25,1964

Ram Bharose Singh Chauhan Appellant
The Zila Parishad Farrukhabad And Anr. Respondents


H.C.P.Tripathi, J. - (1.)The petitioner, who was born on 17th of Aug., 1906, was appointed Tax Officer of the erstwhile District Board of Furrukhabad in the year 1935. The order of appointment laid down a condition that one year's notice on either side shall be necessary for the termination of the service. At the time of this appointment the age of superannuation under the rules was 60 years and the Board had the option to give extension of one year at a time till the age reached 65 years. In Aug. 1940 the rules regarding the age of superannuation were changed and it was provided that no officer or servant of the Board shall ordinarily be retained in the service after he attains the age of 55 years and in no case after he attains the age of 60 years. The Board was given an option to give extension up to a total maximum period of five years, provided that no extension could be granted for a period exceeding one year at a time. The superannuation age was again changed in Nov., 1940 from 55 to 60 years giving an option to the Board to extend it by five years for special reasons.
(2.)On Oct. 29, 1946 the retirement age was again extended by another notification which provided that the District Board employees were not to be retained ordinarily in the service of the Board after attaining the age of 60 years and in no case after the age of 65 years. By a notification dated 31st Dec., 1955 the aforesaid rule 7 framed in 1940 in respect of retention and retirement of District Board employees was amended providing that "the age of retirement from service of all employees of District Boards shall be 55 years, beyond which no one shall ordinarily be retained in the service of the Board." It, however, further provided that the age of retirement of employees who were between 45 and 50 years of age on Dec. 31, 1955 shall be 571/2 years and those who were fifty years of age or over on the aforesaid date shall be 60 years, for special reasons to be recorded by the Board. The aforesaid notification of 31st Dec., 1955 was subsequently amended by a notification dated June 24, 1958 which provided that "the age of retirement from service of all employees of District Board shall be 58 years beyond which no one shall ordinarily be retained in the service of the Board, provided that those employees of Board who were 50 years or above of age on Dec. 31, 1955, will be allowed to continue in service till they attain the age of 60 years."
(3.)In place of the District Boards constituted under the District Boards Act, 1922, Zila Parishads came into existence in June 1963 in pursuance of the U.P. Kshetra Samities and Zila Parishad Adhiniyam, 1961 and all officers and servants in the employ of the District Board became officers and servants employed by the Zila Parishad on the same salaries and allowances and subject to the same conditions of the service to which they were entitled or were subject immediately before the enforcement of the Act. Accordingly, the petitioner became an employee of the respondent No. 1.

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