- (1.) The petitioner was appointed as Assistant Pump Operator on temporary basis on 19.5.1973. He was thereafter regularised 1.4.1978. The post of Assistant Pump Operator is a Class IV post. Under the Punjab Civil Services Rules an employee in Class IV service at the relevant time was to retire on attaining the age of 60 years. The petitioner was retired on 31.12.1992 when he was 58 years old. He raised a grievance that he should be permitted to continue upto the age of 60 years. He was informed that as a result of revision of pay scales w.e.f. 1.1.1978 the pay scales of Assistant Pump Operator was revised from 80-120 to 400-600. Since this revised pay scale was equal to the pay scale of clerk which comes under the category of Class III therefore Assistant Pump Operator could not longer be considered a the Class IV post and incumbent holding these posts were to retire now at the age of 58 years. This clarification was given by a letter dated 20.1.1982 sent by the Chief Engineer Public Health Department, Branch Patiala to the Secretary to Govt. Punjab, Department of PWD (Building and Roads), Chandigarh, which is attached as Annexure P-1 to this petition. Thereafter however a further clarification was given on 7.6.1982 from the Punjab Govt. Department of PWD (Building and Roads), Branch-I to the Chief Engineer Punjab PWD (Public Health) Branch Patiala that Assistant Pump Operators could not be considered to be Class-III posts merely on account of revision of pay scales the posts and would be considered Class III only after amendment in the Service Rules by the competent authority after adopting due procedure. It is therefore clarified that till the posts of Assistant Pump Operator are converted into Class III posts by amending service rules the age of their retirement should be 60 years. However when inspite of this clarification the petitioner was not allowed to continue in service he approached this Hon'ble Court by way of this petition. 2. The State Government has filed a reply wherein a stand has been taken that since the petitioner was given the revised pay scales of Rs. 950-1800/- which is a scale of Class II posts he was rightly retired at the age of 58 years. 3. I have heard learned counsel for the parties. 4.Learned counsel for the petitioner relied upon a judgment rendered by this Court in State of Punjab v. Amrik Singh,2000 3 SCT 186 wherein considering an identical controversy this court has taken the view that merely because there is a revision in the pay scales of Pump operators it does not alter as their status and the same is not automatically raised to that of a Class III post. On this ground Sh. Amrik Singh the plaintiff in the suit out of which the said judgment arose was permitted to continue upto the age of 60 years. Learned counsel has also referred to a decision rendered by Learned District Judge, Hoshiarpur, where in a similar situation Gurdial Singh Pump Operator was also allowed to continue up to the age of 60 years while deciding Civil Appeal No. 89 of 3.5.1994. A Regular second Appeal against this judgment filed in this court was also dismissed as being barred by limitation. A Special Leave Petition filed by the State Government against the afore- mentioned judgment was also dismissed. Learned counsel further contends that it is probably in view of the afore-mentioned judgments that the matter was considered by the Govt. of Punjab itself and instructions were circulated on 26.11.2002 that all those employees who were earlier in Class IV but after the reclassification on the basis of the recommendations of the Fourth Pay Commission later fell in Group 'C' posts on receipt of higher pay scales should be allowed to retire at the age of 60 years. Learned counsel contends that his case is not only covered by the judgments rendered by this Court but now also squarely covered by the decision taken by the State Government itself. Instructions dated 26.11.2002 in their entirety read as under : Subject: Implementation of the recommendations of the 4th Punjab Pay Commission - Classification of Service-Clarification regarding Criteria thereof-Retirement age of Group "C" employees which were earlier in Class-IV categories. Sir/Madam, I am directed to refer to the Punjab Government I.D. No. 5/13/98-IPPI/11388 dated 8th Sept. 2000 on the subject cited above vide which the classification of posts were determined as Group 'A', 'B', 'C' and 'D'. The criteria for the classification of posts was determined on the basis of maximum amount of the initial entry revised scales of pay. Thereafter, vide policy instructions contained in letter No. 5/13/98-IPP/3062, dated 7.3.2001, the Department of Personnel clarified that the Rules/instructions applicable to class-I, II, III and IV employees shall govern the service conditions of Group 'A', 'B', 'C' and 'D' employees respectively. Resultantly, the posts of some categories of employees who were in class-IV earlier but after this re- classification on the basis of the recommendations of the 4th Punjab Pay Commission, now fall in Group 'C' by virtue of higher pay scales.
(2.) The terms and conditions pertaining to the age of retirement in the service Rules of the erstwhile class-III and class-IV employees were different. The retirement age of Class-IV employees was at 60 years whereas it was 58 years for class-III employees. Hence, it was anomalous situation that all those employees who were in category of class IV now re-classified as Group 'C' had to retire at the age of 58 years instead of 60 years as terms and conditions of service Rules of Class-III (Group 'C').
(3.) This matter has been under consideration of the Government. After careful consideration it has been decided that all those categories of employees who were in class-IV earlier but after the re-classification on the basis of advice of the 4th Punjab Pay Commission, now fall in Group 'C', by virtue of higher pay scales may be allowed to retire at the age of 60 years. This relaxation in the retirement age would be available to only those class- IV employees who now fall in Group 'C' and who were recruited in class-IV prior to the date on which the recommendations of the 4th Punjab Pay Commission were, implemented i.e. on 8.9.2000.;