Sudhir Agarwal, J. - (1.) HEARD learned counsel for the petitioner and perused the record. The petitioner filed this writ petition challenging notice dated 14th October, 1999 whereby he was informed of his retirement w.e.f. 31st January, 2000 on attaining the age of 58 years under fundamental rule 56.
(2.) THE contention of the petitioner was that he is Consolidation Lekhpal, which is a Group 'D' post. In view of Government Order dated 28th July, 1987 he is liable to retire on attaining the age of 60 years. However, I find no force in the submission. Fundamental Rule 56(a) and (b) as substituted w.e.f. 1st April, 1975 reads as under: (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 after 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.
(3.) A perusal thereof shows that age of retirement for every Government servant other than a Government servant in "inferior service" is 58 year. Only in respect to a Government servant who is in "inferior service", the age of retirement is 60 years. "Inferior service" does not mean the entire Group 'D' employees but amongst Group D employees those who are governed by inferior service constitute a small section.;