Kanhaiya Lal Yadav vs Municipal Corporation Of Delhi ...
1991 Latest Caselaw 715 Del

JUDGMENT

S.C. Jain, J.

(1) The short question involved in this writ petition is whether the petitioner, Kanhaiya Lal Yadav who was appointed as Watchman/Chowkidar (re-designated) as Security Guard) in the pre-revised pay scale of Rs. 196-232 and in the revised scale of Rs. 750-940 by Municipal Corporation of Delhi is to be retired on attaining the age of 58 years or 60 years.

(2) There is no doubt about the fact that for the purposes -of service, t he petitioner is governed by the Municipal Corporation Service Regulations, 1959 and Regulation 4 of the said regulations makes fundamental rules applicable to the service conditions of the employees of the respondents.

(3) F.R.56(A) as contained in Chapter Ix of the Fundamental Rules and Supplementary Rules provides that "Except as otherwise provided in this rule, every Government Servant shall retire from service on the afternoon of the last day of the month in which he attains the age of fifty eight years. However, by virtue of sub-clause (b) a Workman is governed by these rules shall retire from service on the afternoon of 'he last day of the month in which be attains the age of sixty years" The term 'Workmen' used in the Rule may be capable of being read in various ways, but the Note appearing below the clause shows that it is to be applied to the case of a highly skilled, skilled, semi-skilled or unskilled artisan employed on a monthly rate of pay in an industrial or work-charged establishment.

(4) It is the case of the petitioner that he is a workman as defined in the note under Clause (b) of the Fundamental Rules 56. In any case, he is a class Iv employee of the respondents.

(5) It is not in dispute that the petitioner was employed as a Chowkidar (Watchman) now designated as Security Gard. Sub-Clause (e) of F.R. 56 provides that "A Government servant in Glass Iv service or post shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years provided that a Class Iv employee of the Secretariat Security Force who initially enters service on or after the 15th of September, 1969 shall retire from service on the afternoon of the last day of the month in which he attains the age of fifty- eight years". It shows that in the case of Class-IV employees, who are performing the duties as Security Guards and entered into service after 15.9.1969, they are to retire at the age of 58 years. The petitioner is a retired Hawaldar and was appointed by the Municipal Corporation of Delhi much after 15.9.1969 as Chowkidar (Watchmen) now designated as Security Guard by the Municipal Corporation of Delhi in its wing. Water Supply & Sewage Disposal. No doubt he is a Class-IV employee but was appointed as a Watchman now designated as Security Guard much after 15.9.1969 and, therefore, he has to retile after attaining the age of 58 years and he is not entitled to claim his retirement on attaining the age of 60 years in view of the proviso to sub section (e) of F.R. 56.

(6) This writ petition deserves no merit and the same is hereby dismissed.