M.S. Liberhan, J. - (1.) THE short question raised in this Writ petition is what should be the age of retirement on superannuation of the Petitioner who was employed as a Teacher in Erstwhile State of Pepsu i.e. whether it is 60 year or 58 years.
(2.) THE facts are not in dispute. The Petitioner joined the service of the Pepsu State on April 1950 in place of one Arjan Singh who had retired on attaining the age of superannuation the age of 55 years. The date of birth of the Petitioner is April l, 1932. According to the Service Book, his date of appointment is April 29, 1950. The, Petitioner continued working at various posts When Pepsu merged into State of Punjab with effect from November 1, 1956. The charter of the claim of the Petitioner is that the Petitioner was governed by Rule and Regulation of Erstwhile State of Pepsu known as Pepsu. Civil Service Regulations and belonged to the inferior service as envisaged by the Regulations. Under Rule 2.28 of the Pepsu Service Regulations, 1952, the age of superannuation for retirement of a person holding the post categorised as inferior post within meaning of Pepsu Service Regulations was 60 years. In view of Section 115 of the State Reorganisation Act, 1956 the condition of service with respect to his age for superannuation cannot be changed i.e. reduced to 58 years.
(3.) WE have gone thought the Writ Petition as well as the Rules and Regulations.;