- (1.)Those to applications have been made in these Two Rules for interim order restraining the respondents from giving effect to the notification published in E.R. Gazette Nos. 19 and 20 dated 15.10.71 retiring the petitioners with effect from 1st of July, 1972.
(2.)The petitioner in C.R. 3047 (W) of 1972, according to his case entered into Railway service on 14.10.36 as unskilled Khalashi and held lien in a permanent post in a vacancy due to the retirement of a permanent incumbent. The petitioner was confined on 14.10.39 and at present is officiating as Chief Clerk in the office of the Divisional Superintendent, Easter Railway, Sealdah. The petitioner would attain 58 years of age on 1.1.72 and he has been asked to retire on the said date. The petitioner contends that he is a Ministerial Railway servant and is entitled to continue his service till he attains 60 years. On these allegations he has obtained this Rule calling upon the respondents to show cause why the Railway Administration should not rescind or withdraw the said notification directing him to retire on 1.7.72 and, further directing the respondents to allow him to continue in service till 1.7.74.
(3.)The petitioner in C. R. 3048 (W) of 1972 entered into Railway service on 20.7.37 and was confirmed on 1.4.38. He also claims to be a Ministerial servant and will attain 58 years of age on 1.7.72 when he has also been asked to retire by the said notification. The petitioner contends that he is entitled to be in service till 60 years of his age. On such allegations he has obtained this Rule praying for similar reliefs as in the other Rule and both rules are to be heard analogously.