- (1.) It is plaintiff's second appeal. The appellant/plaintiff (hereinafter referred as 'the plaintiff') having earlier served in the Indian Army from 5.8.1968 to 31.8.1988 joined on the post of security guard and has been receiving salary of class IV employee in the pay scale of Rs. 750- 940 and then on revision of pay w.e.f. 1.1.1996 in the pay scale of Rs. 2500- 3050. The appellant being born on 24.8.1949 stood retired on 31.8.2007 on attaining the age of 58 years. Consequently, he filed the suit on 21.3.2009 for claiming that he should have been retired on 31.8.2009 instead of 31.8.2007, as the retirement age of class IV employees i.e. peons and chowkidars, as per Rules 15-A Haryana Co-operative Societies Act is 60 years. The appellant could be treated at par with chowkidars. Thus, he is entitled to be superannuated at the age of 60.
(2.) The Bank contested the suit and denied all the allegations and it was, inter-alia, pleaded that the plaintiff was never appointed as class IV employee and, as per service rules of the Bank, only peon is the class IV employee. The plaintiff was never assigned such duty which is performed by the peons. He never raised such objection at the time of his retirement.
(3.) He being the security guard was issued a gun and does not fall in the category of class IV employee due to different nature of his duties. Mere parity in the pay scale does not determine the age of supernnuation.;