A.K.Yog, J. - (1.) Gopal Singh, Petitioner, has impugned order dated January 16. 1997, passed by Executive Engineer Construction Division (Nirman Khand), Lok-Nirman Vibhag, Bageshwar, District Almora (now reconstructed District Bageshwar)/Respondent No. 1 (Annexure-2 to the Writ Petition) whereby the said authority gave one month's notice to the petitioner on purported attainment of age of superannuation under Rule 56 (c) of Financial Hand-book--Vols. 2 to 4 in public interest.
(2.) Rule 56(a), (b) and (c) which came in existence in the year 1975 is reproduced below: 56. (a) Except as otherwise provided in this Rule, every Government Servant other than a Government Servant in inferior service shall retire from service on the afternoon of the last day of the month in which he attains the age of fifty eight years. He may be retained in service after the date of compulsory retirement with the sanction of the Government on public grounds which must be recorded in writing, but he must not be retained after the age of 60 years except in very special circumstances. (b) A Government servant in inferior service shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years. He must not be retained in service after that date, except in very special circumstances and with sanction of the Government. (c) Notwithstanding anything contained in clause (a) or clause (b), the appointing authority may, at any time, by notice to any Government servant (whether permanent or temporary), without assigning any reason, require him to retire after he attains the age of fifty years or such Government servant may by notice to the appointing authority voluntarily retire at any time after attaining the age of forty-five years or after he has completed qualifying service of twenty years.
(3.) The aforesid Rule was, however, amended by U.P. Fundamental (1st Amend) Rules, 1987 vide Government Order dated 28-7-1987 (enforced retrospectively, w.e.f. 5-11-1985) and reads : 56.(a) Except as otherwise provided in other clauses of this rule, every Government servant shall retire from service on the afternoon of the last day of the month in which he attains the age of fifty eight years. He may be retained in service on after the date of retirement on superannuation, with the sanction of the Government on public grounds, which must be recorded in writing, but he must not be retained after the age of 60 years except in every special circumstances. Provided that a Government servant, recruited before November 5, 1985 and holding the Group 'D' post shall retire from service on the afternoon of the month in which he attains the age of 60 (Sixty) years. Explanation.--The above proviso shall not be applicable in those cases where the status of a post/posts referred to in the above proviso, has been changed after February 27, 1982 an categorized in higher Group of post/posts.;