T.N.SINGH, J. - (1.)THE petitioner was employed as Lower Division Clerk in Zila Panchayat, Guna. He has assailed in this matter the order Annexure P -10, passed on 2 -6 -1988 by the Secretary, Zila Panchayat. By that order, he has been superannuated on his attaining age of 55 years on 3 -6 -1988.
(2.)THE short contention pressed by his counsel is that statutory rules have been given a go -bye in rendering the impugned order. Relevant rules are extracted in the petition. Those are parts of Rule 154 of M. B. Panchayat Niyam, Samvat 2008. Admittedly, the petitioner was a Class III employee and, therefore, reliance is placed on the following provisions which we extract from Annexure R -1 of the return : .........[vernacular ommited text]........... However, at para 5 of the petition is extracted other parts of Rule 154 and those are also reproduced below as the afore -extracted provision has substituted sub -rule (1) of Rule 154 by amendment made in 1968. Sub -rules (2) and (3) are as follows : .........[vernacular ommited text]...........
Our attention is drawn by Shri Upadhyaya to Annexures P -4, P -8 and P -9. The first one is a letter dated 14 -6 -1988 written by the Chairman of the Panchayat and it is addressed to the Principal Secretary, the Panchayat and Social Welfare Department of State Government. It relates to the subject of extension of petitioner's employment. In this letter, it is stated that the petitioner Rajdhar Prasad Shrivastava was physically fit and he was efficient and competent and deserved to be employed till he attained the age of 58 years, it is also stated that proposal in that regard was being considered in the Panchayat meeting. By Annexure P -8, a direction was made to the Panchayat Secretary by the Chairman on 1 -6 -1988 for placing the matter regarding extension of employment of the petitioner in the meeting. It appears that the Secretary made an endorsement in respect to that order on the next date. He noted that petitioner's period of employment was over and as such, he could only be continued in employment further by the Chairman at his own risk and responsibility. However, he directed the agenda for the proposed meeting to be circulated. Annexure P -9 is dated 2 -6 -1988 which contains the agenda of the meeting. Item No. 1 of the Agenda refers to petitioner's case.

(3.)AS per Annexure P -10, however, without stating any reason therein, the petitioner was superannuated on his attaining the age of 55 years. There is no manifestation in the order of events that preceded or even of the requirements of statutory provisions.