SRI BHAGABAN SAHU Vs. SECRETARY TO GOVERNMENT OF ORISSA, HEALTH AND FAMILY PLANNING DEPARTMENT AND ANR.
HIGH COURT OF ORISSA
Sri Bhagaban Sahu
Secretary To Government Of Orissa, Health And Family Planning Department And Anr.
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R.N.Misra, J. -
(1.) THE Petitioner was appointed as a driver by the District Health officer of Keonjhar in March, 1960. His date of birth was entered in the records of service as September, 1915 (Vide Annexre -2). The Petitioner was superannuated with effect from 15 of September, 1970 by an order dated 10th of June, 1970. (Annexure -3) en the footing that he was to retire on attaining the age of 55. He challenges this order of superannuation as being contrary to law and contends that being a driver his case is directly covered by Rule 71(a) of the Orissa Service Code. It is averred that he continues to be of good health and is efficient in discharge of his duties and, therefore, he is entitled to serve until attaining the age of 60.
(2.) IN this case notice of admission and hearing was issued on 11 -10 -1972 and in spite of notice no counter has been filed. We have, therefore, to proceed on the basis of the uncontroverted allegations made in the writ petition. A bench of this Court consisting of one of us decided on 22nd June of 1970 in Prafulla Kumar Dutta v. State of Orissa and Ors. O.J.C. No. 184 or 1970 -D/22.6.1970 that a driver is a workman within the meaning of Rule 71(a) of the Orissa Service Code read with the note appended thereto. Learned Government Advocate does not dispute the position that the Petitioner 's case would be covered by the said judgment and, therefore, the Petitioner would be entitled to be in service until he attains the age of 60 unless at any time hereafter before that event for reasons indicated in the proviso to Rule 71(a) of the Orissa Service Code the appropriate authority decides to retire him. We accordingly quash the order superannuating the Petitioner and hold that he must be deemed to be continuing in employment on the same terms and conditions as he was on the date of superannuation and be given all his dues. The writ petition is accordingly allowed with costs. Hearing fee Rs. 50/ - (fifty).
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