Rajinder Sachar, J. - (1.) This is a petition challenging the order of retirement of the petitioner at the age of 58 years on 30 -6 -72.
(2.) The petitioner joined the former Jodhpur State Railway on 25 -12 -1972 and after the merger of the State Railway became an employee of Northern Railway. He is working as a Peon. In terms of definition of rule 2202 (12) of Railway Supplementary Rules. Inferior service includes amongst others Peons. It is conceded that the petitioner was not holding a pensionable post while employed in the former Jodhpur State Railway. The Pension Scheme on the Indian Railway was brought into force with effect from 1 -4 -67. The petitioner exercised his option for the Railway Liberalised Pension Rules on 28 -6 -66. From that date onwards the petitioner was governed by the Pension Rules, but it is common case that prior to the above date including the period when he was serving in the Jodhpur State Railway the petitioner was not heading a pensionable post.
(3.) The Pensionable Inferior Railway Servants (Gratuity, Pension and Retirement) Rules (hereinafter to be called the Rules') had been framed in apply to pensionary Railway Servants specified in Schedule 1, i.e. All Inferior Staff Rule 9 of the rules says that a Railway Servant shall retire when he has attained the age of 60 years. After the merger of the Jodhpur and other State Railways with the Indian Railways the question naturally arose with regard to some of the service condition of those ex -State employers Accordingly the Railway Board with the sanction of the President issued a letter No. 23 E -14/152 dated 10 -7 -52 dealing with the retirement age of Class IV Staff of ex -State Railway The letter stated that clarificatory order in respect' of age of retirement of Class IV staff of the ex -State Railways were being issued. Para 2 (a) was as under : "In the case of non -pensionable class IV staff and labourers including Workshop employees of the Ex. -State Railways who elect the CPC scales of pay, the retirement age will be 55 years. In the case of pensionable class IV staff (other than workshop staff however, the retirement age will be 60 years as laid down in rule 9 (without proviso) of the Pensionable (class IV) Railway Servants (Gratuity, Pension and Retirement) Rules. Necessary orders to extend the application of these rules to the pensionable class IV staff of ex State Railways will be issued separately." The Divisional Office of the Northern Railway, Jodhpur issued a circular dated 7 -6 -71 giving a list of employees who would retire in May, June, 1972 and December, 1971. The petitioner's date of retirement was shown as 30 -6 -72 on his attaining the age of 58 years. It may be mentioned that the age of 58 is the one which is cow provided under suit 2046 of the Indian Railway Establishment Code by which con -pensionable Railway employees is to retire at the of 68 years. The petitioner apparently took up the matter that his age of retirement is 60 but the Department not having agreed he has come up to this Court in a writ petition.;