Hari Dass vs State of H.P. and Others

Dharam Chand Chaudhary, J.—In this writ petition, following reliefs have been claimed:

"(a) That impugned orders dated 12.2.2013, Annexure P-1 qua the petitioner may very kindly be quashed and set aside;

(b) That respondents may very kindly be issued mandate not to superannuate the petitioner on 31.5.2013 and allow him to complete 60 yeas of age before issuing superannuation orders of the petitioner, in the interest of law and justice."

Petitioner, admittedly, was born on 29.5.1995. He was an employee of Baba Balak Nath Temple Trust, Deotsidh, District Hamirpur, and was working as a sweeper. The Chairman of the Trust vide office order dated 12.2.2013, Annexure P-2, notified his date of retirement as 31.5.2013, on attaining the age of superannuation. Aggrieved thereby, he preferred this petition in this Court on the grounds, inter alia, that in 1991 Service Rules, applicable to all categories of employees on the establishment of the Trust, the age of retirement of an employee in the category of the petitioner, was 60 years. According to the petitioner, he being appointed on regular basis vide office order dated 6.2.1996, Annexure P-1, under Rules of 1991 was due for retirement on attaining the age of 60 years. In support of the case so set out, he has cited an example that a government employee of his category in the State of H.P., retires from government service on attaining the age of 60 years. Annexure P - 4 has been pressed into service on this score. It is in this backdrop, order Annexure P-2 impugned in this petition, has been sought to be quashed and set aside qua him.

During the pendency of the petition, petitioner stands retired from the job on 31.5.2013, because in the interim it was ordered that the retirement of the petitioner will be subject to the final outcome of the writ petition.

Response to the writ petition has been filed on the affidavit of the 3rd respondent. Admittedly, the petitioner was initially appointed as Sweeper on daily wage basis by the Trust on 10.3.1988 and subsequently regularized as such vide order Annexure P-1. The Trust has its own bye-laws, governing the service conditions of all categories of employees on its roll. As per these bye-laws, the age of retirement of the employees of the Trust is 58 years. The Trust is not aided financially by the State of H.P. in any manner whatsoever. Therefore, the rules governing the service conditions of Govt. employees have no application to the employees of the Trust. The Trust even is not a State within the meaning of Article 12 of the Constitution of India.

Having gone through the record and also taking into consideration the submissions made by learned counsel on both sides, it is evident that the service conditions of the employees of the Trust, including the petitioner, are governed under the bye-laws called as "Baba Balak Nath Trust Deotsidh Employees (Term of Employment and Working conditions), Promotions and Retirement Rules, 2000, notified vide TA-II/V/SRHMR-346-349 dated 30.4.2001, hereinafter referred to as "the Rules" in short. These rules have been made applicable to all categories of employees with immediate effect. Rule 16 of the Rules ibid reads as follows:

"16. RETIREMENT

(a) Every employee of the Trust shall retire from the service after attaining the age of superannuation i.e. 58 years. The last day of the month in which he completes 58 years shall be the day of retirement."

It is seen that the age of retirement of the employees working in the Trust is 58 years. The age of retirement of a government employee in the category of the petitioner appointed prior to 10.5.2001 was 60 years, however, FR 56 has been amended and thereby the age of retirement of the employees of the State Government has also been reduced to 58 years. The petitioner no doubt is on the establishment of the Trust well before 10.5.2001, being regularized vide order Annexure P-1. However, the Rules applicable to the State Govt. employees have no application in his case for the reason that he being employee of Baba Balak Nath Temple Trust, Deotsidh, which has its own bye-laws referred to hereinabove, is to be governed thereunder in the matter of retirement. Of course, in 1991 Rules, there was a provision of retirement at the age of 60 years, however, vide 2001 Rules supra, the old bye-laws, if any, stand repealed. Nothing has been brought to the notice of this Court that irrespective of old rules being repealed, the same have still application in the case of the employees, like the petitioner, appointed in the service of the Trust during the currency of the old Rules.

Therefore, this Court is of the considered opinion that the retirement of the petitioner from service under the rules in vogue is 58 years. His date of retirement from service as 31.5.2013 has, therefore, been rightly notified vide impugned order Annexure P-1. This Court finds no illegality or infirmity in the impugned order. The petitioner even stands retired also from the service during the pendency of this petition. The petition, therefore, sans merits, hence deserves to be dismissed.

For all the reasons hereinabove, this petition fails and is dismissed. The petitioner, however, shall be entitled to all retiral benefits in accordance with 2001 Service Rules.

Pending application(s), if any, shall also stand disposed of.