PRITHIPAL SINGH Vs. UNION OF INDIA
SUPREME COURT OF INDIA (FROM: DELHI)
UNION OF INDIA
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Kuldip Singh, J. -
(1.)Special Leave granted.
(2.)Prithipal Singh joined Central Governrnent Service on December 17, 1947 and at the time of his retirement on November 30, 1989, he was working as Staff Car Driver in the Ministry of Surface Transport (Transport Wing), Government of India. He was in formed by an order dated December 28, 1988 that on attaining the age of 58 years he was due to retire on November 30, 1989. On Mav 19, 1989 he filed representation claiming that he could not be retired at the age of 58 years as in terms of Fundamental Rule 56 (b) his age of superannuation was 60 years. The representation was rejected on June 8, 1989. He challenged the order dated December 28, 1988 before the Central Administrative Triburial. The Tribunal by its judgment dated November 30, 1989 dismissed the application. This appeal vis special leave petition is against the judgment of the Tribunal.
(3.)Mr. P. P. Singh, learned counsel appearing for the appellant, has argued that the appellant was a "workman" in terms of Fundamental Rule 56(b) and as such is entitled to continue in service till he attains the age of 60 years. Fundamental Rule 56(b) is as under:
"F.R. 56(b):- A workman covered by these rules shall retire from service in the afternoon of the last day of the month in which he attains the age of 60 years."
Note:A workman means a highly skilled, skilled and semi-skilled artisan employed on a monthly rate of pay in an industrial or work charged establishment."
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