D.K.Seth, J. - (1.) The petitioner was appointed in Group-D post before November 5, 1985. Relying on Rule 56 (a) of the Uttar Pradesh Fundamental Rules, hereinafter called as the Rules, the petitioner, a collection amin, claims his retirement of age is 60 years whereas he is being sought to be retired at the age of 58 years.
(2.) Learned counsel for the petitioner Shri V.B.L. Srivastava points out from the proviso that since the petitioner was recruited in Group-D post before November 5, 1985, therefore, he should retire at the retirement age of 60 years.
(3.) Learned Standing Counsel opposes the said prayer and submits that since the petitioner is a Collection Amin and he is not holding the Group-D post, he is not entitled to get the benefit of said proviso.;