- (1.) HEARD Mr. P. Roy Baman, learned Counsel for the Petitioner as well as Ms A.S. Lodh, learned Addl. Government Advocate for the State Respondents.
(2.) BY means of this writ petition, the Petitioner has questioned the memorandum dated 1 -6 -2000 by which he was released from service with effect from 31 -5 -2000. As indicated in the order he had attained the age of superannuation at 58 years as on 22 -6 -99 and thus he overstayed in service. It is on that ground the order for recovery of the salary the Petitioner had drawn by virtue of his overstaying in service was also passed. As per the order for recovery the amount to be recovered is Rs. 63,021/ -.
(3.) WHILE entertaining the writ petition by order dated 6 -12 -2000 an interim order was passed allowing the deduction of Rs. 30,000/ - subject to decision in the writ petition. The short question that falls for consideration is as to whether the Petitioner should be treated as a Group -C employee or a Group -D employee. If the Petitioner is considered to be a Group -C employee his retirement age is 58 years. However, if he is considered to be a Group -D employee his retirement age is 60 years. According to the Petitioner, his date of birth being 22 -6 -41 and he being a Group -D employee he would have retired from service on attaining the age of superannuation on 22 -6 -2001 but he was illegally made to retire by the impugned order dated 1 -6 -2000 with effect from 31 -5 -2000 indicating therein that his age of superannuation at 58 years fell due on 22 -6 -99.;