D.K.Seth, J. - (1.) The petitioner has challenged the order to retire him on superannuation on attainment of the age of 58 years with effect from 30-6-1989 by reason of the Government Order dated 28th July 1987 which provides a Class IV employee in the basic salary of Rs. 354/-or less is entitled to continue till the age of sixty years. In Writ Petition No 18104 of 1988, Surya Nath Dubey v. State of U. P. and Ors., disposed of on 18-1-1989 it was held that by reason of the said Government Order a Class IV employee having salary less than Rs. 354/- would be eligible to continue till sixty years. Sri Devendra Kumar, learned counsel for the petitioner relying on the said judgment contends that the petitioner being a Class IV employee he is entitled to continue till sixty years and, therefore, the order to retire him with effect from 30-6-1989 on attainment of 58 years of age is bad.
(2.) The fact remains that in the writ petition no where the petitioner has disclosed his salary neither he has contended that he is getting less than Rs. 354/- though he has pleaded that he is a Class IV employee.
(3.) In order to avail the benefit of the said Circular dated 28th July, 1987 an employer has to fulfil two conditions; (i) he has to be a Class IV employee and (ii) he should be getting basic salary less than Rs. 354/-when attaining the age of 58 years. Unless both the said facts are satisfied no one is entitled to the benefit of the said circular.;