RAGHUBIR SINGH Vs. INDIAN RED CROSS SOCIETY

JUDGEMENT

(1.) THE challenge in the present writ petition is to the order Annexure P7 wherein the petitioner was not granted extension beyond the age of superannuation i. e. 58 years as on october 31, 2002. It is the case of the petitioner that he is entitled to extension in age i. e. upto the age of 60 years in view of his service record. However, such request was declined by the aforesaid order dated December 19/23, 2002 (Annexure P7 ).

(2.) IN a writ petition, an order was passed by this Court on January 14, 2003 permitting the petitioner to retain the official accommodation allotted to him till the next date of hearing. The writ petition came up for hearing on May 17, 2005 and the same was dismissed as infructuous on the statement of the learned counsel for the petitioner. The petitioner was allowed to retain the premises for a period of one month but with a liberty to the board to recover the arrears of rent as per Rules. Subsequently, on a review application filed by the petitioner, the said order was re-called and that is how, the matter is placed before us. 2. It is not disputed that the normal age of superannuation for the employees working in the Indian Red Cross Society is 58 years. The petitioner attained the age of 58 years on october 31, 2002. The petitioner applied for extension in service till the age of 60 years, which was declined to the petitioner vide order impugned in the writ petition. The extension in age is not a right which can be claimed by the petitioner. Still further, the petitioner has not made any effort to dispute the order Annexure P7 in the present writ petition. In fact it was stated that the provision of extension in age has since been deleted. The only dispute in the writ petition is to the order Annexure P10 whereby the penal rent is sought to be recovered from the retiral benefits payable to the petitioner.

(3.) LEARNED counsel for the petitioner has vehemently argued that order Annexure P10 has been passed without giving any opportunity of hearing to the petitioner and by virtue of the said order, the amount of gratuity and leave encashment has been withheld. Any such amount from gratuity and leave encashment cannot be withheld without giving any show cause notice and opportunity of hearing to the petitioner.