R.A. Sharma, J. - (1.) BEING aggrieved by an order, retiring him from service at the age of 58 years, appellant, who was initially appointed as Panchayat Secretary and was later on promoted as Prabhari Sahayak Vikas Adhikari on ad -hoc basis, filed a writ petition before this Court, which was dismissed by learned Single Judge vide judgment dated 30/31.3.1994, against which he has filed this special appeal. Learned counsel for the appellant has made three submissions in support of this appeal, namely, (i) he having been appointed as Panchayat Secretary before 5.1.1985 is entitled to continue in service up to the age of 60 years and he cannot be retired at the age of 58 years, (ii) in view of the decision of this Court in R. Girija Prasad Singh v. State of U.P. W.P. No. 6896 of 1993, decided on 12.7.1993, it is not open to the State to retire the appellant before he completes the age of 60 years; and (iii) Fundamental Rule 56 laying down the retirement age is discriminatory and is ultra vires. It is not possible to agree with the learned counsel.
(2.) APPELLANT was initially appointed as Panchayat Secretary. The name of this was subsequently changed from Panchayat Secretary to Panchayat Sewak and thereafter to Gram Vikas Adhikari. This post initially belonged to inferior service and was included in Group 'D' However, rules were amended in 1989 and the above post was placed in Group 'C' with effect from 27.3.1989. The appellant, who was working as Gram Vikas Adhikari, was later on promoted on ad -hoc basis in 1992 as Prabhari Sahayak Vikas Adhikari and continued on that post till 1994 when he was retired at the age of 58 years. Both the posts of Gram Vikas Adhikari and Prabhari Sahayak Vikas Adhikari are the posts of Group 'C' for which Fundamental Rule 56 as amended in 1987 has fixed the age of superannuation at 58 years. Fundamental Rule 56, so far as it is relevant, is reproduced below: 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 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 very 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. The above rule came up for consideration before a Division Bench in Vishwanath Lal Srivastava v. Sahayak Shiksha Nideshak (Basic) Vth Region, Varanasi and another : 1992 (2) U.P.L.B.E.C. 1273 in which it was laid down as under: The above rule would show (i) that the age of superannuation of Government servants in general is 58 years; (ii) the Government has reserved to itself the power to grant an extension in exceptional cases if public interest so requires (iii) employees of Group 'D' who recruited prior to 5.11.1985 have been exempted from the general rule and would retire on attaining the age of 60 years; and (iv) an employee, though recruited as a Group 'D' employee, who has ceased to be a Group 'D' employee because of upgradation of the post, cannot take the advantage of the proviso; in other words he would be governed by the main rule and retire on attaining the age of fifty eight years.
(3.) IT is thus apparent that for every Government servant of this State retirement age is 58 years and the only exception, which has been made by the proviso to the above rule is in favour of a Government servant of Group 'D', who was recruited before November 5, 1985 in whose case the age of retirement is 60 years. Accordingly all the Government servants will retire at the age of 58 years unless a Government servant belongs to Group 'D' and was recruited before November 5, 1985 for whom the proviso to Fundamental Rule 56 has fixed the age of retirement at 60 years.;