J.M. Tandon, J. - (1.) Hira Lal petitioner was born on Feb. 20, 1905, and he was appointed a permanent Patwari on Oct. 21, 1929. He attained the age of 55 years on Feb. 19, 1960, and of 60 years on Feb. 19, 1965. He was retired with effect from Feb. 19, 1965, on attaining the age of 60 years The Patwaris became eligible for pension with effect from Aug. 1, 1949, provided they retired on attaining the age of 55 years Under paragraph 3.55 (iii) of the Punjab Land Records Manual (hereinafter the Manual) the Patwaris who opted to continue in service after attaining the age of 55 years were not to be allowed pension The petitioner having retired on attaining the age of 60 yean was consequently not allowed pension. He filed a suit against the State claiming pension but failed because he did not obtain a certificate from the Collector under section 6 of the Pensions Act XXIII of 1871. He consequently filed the present writ praying that a direction be issued to the State to allow him pension because irrespective of the fact that he continued in service after attaining the age of 55 years up to the age of 60 years, no option had been taken from him under paragraph 3.55 of the Manual. The petitioner has also challenged the vires of sections 4 and 6 of the Pensions Act which empower the Collector to exercise unguided discretion in the matter of issuing a certificate.
(2.) The respondent State in its written statement averred that the petitioner enjoyed the benefit of extension in service for five years beyond the age of 55 years under paragraph 3.55 iii) of the Manual. He was therefore, not entitled to the benefit of pension.
(3.) Paragraph 3 55 iii) (since deleted) of the Manual read as under:- Patwaris, who do not avail of the concession allowed under paragraph 3.56 A infra, shall retire in the following manner:- A Patwari recruited on or after 1st Jan., 1937, shall retire at the age of 55, but the Collector may giant extension in service in special cases up to the age of 60 years. Patwaris appointed before the date mentioned above should not be retired merely on account of old age or otherwise than in clauses (i), and (ii) but on their attaining the age of 60 years a strict test of efficiency should be applied by the Collector and those who are considered unfit for work; should be made to retire and the others allowed to continue in service up to the age of 55 years or beyond. On attaining the age of 55 years the option of each Patwari to retire on pension or to continue in service should be obtained. A Patwari who wishes to continue in service shall be governed by the above rules while others who prefer pensionary benefits shall be governed by the rules contained in paragraph 3.56A.";