Jawahar Lal Gupta, J. - (1.) DO the Petitioners, who had initially joined Class -IV posts in the former Princely States or in the erst while State of Pepsu, have a right to continue in service till the age of 60 years in spite of the fact that they had been promoted to a higher service? Is the action of the State Government in retiring the Petitioners at the age of 58 years violative of the provisions of the States Reorganisation Act, 1956 and the Rules? These are the two primary questions that have been raised in this bunch of 11 writ petitions viz. Civil Writ Petitions Nos. 1845, 7552, 8182, 8183, 8186, 9499, 9716, 10038, 10076, 10391 and 10626 of 1994. The facts as averred in Civil Writ Petition No. 8186 of 1994, may be briefly noticed.
(2.) INITIALLY , there existed the princely States of Faridkot, Jind, Kapurthala, Nabha, Patiala, Kalsia and Nalagarh. In the year 1948, these Princely States were merged to form the Patiala and East Punjab States Union (for short the 'PEPSU'). The Petitioners in these cases were initially appointed to different posts in the former Princely States or in the erstwhile State of PEPSU. The Petitioner in Civil Writ Petition No. 8186 of 1994 was appointed as an Octroi Clerk On May 12, 1956 in the pay scale of Rs. 40 -2 -60 by the Administrator, Municipal Committee, Patiala. He avers that the post held by him was classified as a part of the inferior service. The members of the Inferior services were entitled to continue in service till the age of 60 years. The conditions of service of the employees in the erstwhile State of PEPSU were governed by the PEPSU Service Regulations. On July 26, 1954 His Highness the Raj Parmukh was pleased to order that a note shall be added under Article 9.1 of the Pepsu Service Regulations to the effect that "the age for retirement of Class -IV, Government servants will be 60 years." This order was passed in exercise of the powers conferred by the proviso to Article 309 of the" Constitution of India. It appears that the Rules governing the grant of pension called "The New Pension Rules, 1953" had also bean enforced in PEPSU. On January 21, 1956, an office memorandum was issued under the orders of His Highness the Raj Parmukh to the following effect: The words "Class IV Servants" occurring in the last sentence of para 7 of the New Pension Rules may be substituted by the words "State's Employees whose pay (including all elements of the Nature of Pay) did not or does not exceed Rs. 200 per mensem."
(3.) THE Petitioner was born on September 6, 1936. Being a member of the inferior service, as he had been appointed on a post carrying a salary less than of Rs. 200 per mensem, he claims that he is entitled to continue in service till the year 1996 when he would attain the age of 60 years. It has been further averred that the erstwhile State of Pepsu having been merged with the State of Punjab, the conditions of service as existing prior to merger cannot be varied to the disadvantage of the employees without the prior approval of the Central Government as envisaged in the proviso to Section 115(7) of the States Re -organisation Act, 1957. Reference has also been, made to the provisions of the Punjab Re -organisation Act, 1960 to contend that the conditions of service were duly protected under Section 2(6) even at the time of Re -organisation, of the Punjab State.;