M P PRADHAN Vs. UNION OF INDIA
LAWS(SC)-1990-2-47
SUPREME COURT OF INDIA (FROM: DELHI)
Decided on February 16,1990

MADHYA PRADESHPRADHAN Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

Kuldip Singh, J. - (1.) The question for our consideration in this appeal is whether the appellant is governed by Fundamental Rule 56(c)(i) and as such entitled to super-'annuation at the age of 60 years.
(2.) Fundamental Rule 56(c)(i) is reproduced as under: "(c) A ministerial Government servant who entered Government service on or before the 31st March, 1938 and held on that date: (i) a lien or a suspended lien on a permanent post, or shall retire from service on the afternoon of the 1st day of the month in which he attains the age of sixty years."
(3.) The appellant joined service as paid apprentice in the Collectorate of Etwah, Government of Uttar Pradesh on 1st July, 1937. On the same day he was asked to officiate in the post of Arranger. He was sent back to the post of paid apprentice on 24th December, 1937 but was again appointed as Arranger in officiating capacity on 3rd of January, 1938. While holding the post of paid apprentice he had been appointed in various posts on officiating basis. He was finally promoted and appointed to a permanent post of Copyist in a substantive capacity on 1st of August, 1941. He came to the Government of India on deputation in March, 1943 and thereafter retired from service on attaining the age of 58 years in February, 1976.;


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