D.K. Seth, J. - (1.) The petitioner was appointed as work agent in the Public Works Department, in the State of Uttar Pradesh on 27.5.1960 in the pay scale of Rs. 55-65. Subsequently, it is alleged that he was posted as work supervisor with effect from March. 1974 in the pay scale of Rs. 330-495.
(2.) Sri J. K. Tewari, learned counsel, holding brief of Sri Shashi Nandan, contends that he continued in the said post of work supervisor and, therefore, by reason of Rule 56 (a) Proviso of Financial Hand Book the petitioner is eligible to continue till the age of 60 years on the basis of amendment incorporated on 8th July, 1987 in the said Rule.
(3.) Sri Parihar learned standing counsel on the other hand contends that the petitioner was in the pay scale of Rs. 950-1,500 in the year 1986 and he had retired on the said scale. Therefore, he cannot claim to continue till the age of 60 years. Learned standing counsel has relied on the relevant Rules and Circular governing the service of work charge employees.;