- (1.) THIS petition under Articles 226 and 227 of the Constitution has been referred to a Division Bench by a learned single Judge.
(2.) THE petitioner was born on 17-9-1911. He was appointed to a post in the Jaipur Municipal Council on 5-9-43. At that time the Council was a department of the Government of Jaipur. With effect from 1-11-46 the Municipal Council became autonomous and option was given to the employees to opt for State service or municipal service. The petitioner opted for municipal service. The City of Jaipur Municipal Act, 1943 was continued by the Rajasthan Administration Ordinance No. 1 of 1949 on the integration of the State of Jaipur with Rajasthan. The City of Jaipur Municipal Act was repealed by Section 2 of the Rajasthan Municipalites Act, 1959 which was brought into force with effect from 17th October, 1959. Section 297 of the Rajasthan Act gave power to the State Government to frame rules prescribing the conditions of service of the municipal employees including the fixation of their age of superannuation. On 20th May, 1963 the Local Self-Government Department Notification No. F. 18 (a) (2)DLB/63 dated 20-5-63 was issued which ran as follows:-- Doubts have been expressed as to whether the age of superannuation in respect of municipal employees should be 55 years or 58 years. The point has been carefully considered by the State Government and in pursuance of the provisions contained in Clause (i) of Sub-section (2) of Section 297 of the Rajasthan Municipalities Act, 1959, it is hereby ordered that the date of compulsory retirement of a municipal employee is the date on which he attains the age of 55 years, An employee could, however, be retained beyond the age of superannuation (i. e. , 55 years) with the prior approval of the State Government. It appears that the Government proposed to raise the retirement age of Government servants as well as municipal employees to 58 years and on July 30, 1963, Local-Self Government Department Notification No. Tax/f. 53 (Misc) DLB/63 was issued directing that pending further orders municipal employees should be retained in service till the age of 58 years.
(3.) ON 24th October, 1963 the Rajasthan Municipal Subordinate and Ministerial Service Rules, 1963 came into force, under Rule 36 of which, the State Government made applicable to the municipal employees the Rajasthan Service Rules, 1951 (except provisions relating to pension and payment of medical allowances (as amended from time to time ). The age of superannuation is prescribed under Rule 56 of the R. S. R. The age of superannuation was 58 years under these rules in October, 1963 having been raised from 55 years to 58 years by Finance Department Notification No. F. 1 (84) FDA (Rules) 62 dated 31-8-63.;