- (1.) In this petition filed under Article 226 of the Constitution, the petitioner has sought directions to the respondents that he is entitled to continue in employment till the date of attaining 60 years of age as per the instructions dated 4.4.1985 (Annexure P-2) issued by the State of Punjab (respondent No. 1). The petitioner has claimed that he is son of a freedom fighter and is, thus, entitled to avail the benefit of the aforementioned instructions.
(2.) The petitioner was appointed as Assistant Engineer (Apprentice) on 16.1.1976 and he joined as such on 27.1.1976. The date of birth of the petitioner is 26.8.1948 and he was to retire on attaining the age of superannuation on 31.8.2006. It is appropriate to mention that the petitioner has been working on the post of Additional Superintending Engineer. He has claimed that on 4.4.1985 instructions (Annexure P-2) have been issued by the respondent No. 1 to the effect that the freedom fighters in the State service were to be re-employed uptil the age of 60 years. As the petitioner has attained the age of 58 years, he has filed this petition claiming that he cannot be retired at the age of 58 years and he should be retired only at the age of 60 years.
(3.) On the basis of the instructions dated 4.4.1985 as clarified on 28.5.1987 (Annexure P-3), this Court, on 29.8.2006, has passed the following order:- "Present : Ms. Jagdeep Bains, Advocate for the petitioner. Contends that the petitioner is a ward of a freedom fighter and, therefore, covered by the instructions, Annexure P-2. Notice of motion for 24.10.2006. On the asking of the Court, Mr. J.S. Chandail, Assistant Advocate General, Punjab, accepts notice on behalf of respondent No. 1 and seeks time to file reply. May do so within six weeks with an advance copy to the counsel opposite. In case copies of the writ petition, corresponding to the number of respondents plus one are not supplied to Mr. Chandail personally by this evening, the writ petition shall be deemed to have been dismissed. Dasti for the other respondents. We direct that the petitioner be allowed to continue in service till the next date. Dasti order. August 29, 2006" In view of the above, the petitioner continued in service. On 26.3.2007, we have vacated the stay order by stating that the order dated 29.8.2006 was not to operate any further.;