- (1.) Heard the learned Counsel for the petitioner and the learned Counsel for the State.
(2.) In this writ application the only question arises as to whether the petitioner shall be retired at the age of 58 years or not. The petitioner was appointed as Class-IV, Group-D employee on 3.3.1954. He was promoted to the post of Painter in the office of the Katwa Sub-Divisional Hospital. The petitioner thus became Group-C employee from Class-IV, Group-D employee in terms of the Rules.
(3.) The learned Counsel for the petitioner submits that in terms of Rule 76 of the West Bengal Service Rules the age of retirement of the petitioner would be 60 years. The said Rule 76 (b) and the Note 2 appended thereto reads thus: "76(b). A Government employee in Group-D service appointed or re- appointed after termination of the previous service on or after 1st July, 1948; shall be required by the appointing authority to retire from service compulsorily with effect from the afternoon of the last day of the month in which he attains the age of sixty years, except in very special circumstances which must be recorded in writing and with the sanction of Government. Provided that a Government employee in Group-D service whose date of birth is the first of a month shall retire from service with effect from the afternoon of the last day of the preceding month of attaining the age of sixty, sixty-two or sixty-five years, as the case may be. Note 2. Government employees who, consequent upon the introduction of the West Bengal Services (Revision of Pay and Allowance) Rules, 1981 have become Group C employees, although prior to such revision of pay scales they were in Group-D, may be treated as belonging to Group-D Government employees for the purpose of age of retirement and they may accordingly be retained in service upto the age of 65 or 62 years in accordance with provisions of sub-rule (a) or sub-rule (b) of this rule. For all other purposes, as for example disciplinary matters, such Government employees shall however be treated as belonging to Group-C".;