M.P. Pradhan
Vs. Union of India & Ors [1990] INSC 43 (16 February 1990)
Kuldip
Singh (J) Kuldip Singh (J) Ramaswami, V. (J) II
CITATION:
1990 AIR 891 1990 SCR (1) 410 1990 SCC (2) 539 JT 1990 (1) 335 1990 SCALE
(1)218
ACT:
Civil
Services: Fundamental Rule 56(c)(i)--Retirement at the age of 60
years--Applicability of--Joining as paid apprentice on permanent basis--Whether
amounts to entering Government service on permanent basis.
HEAD NOTE:
Appellant
joined State Government service, as paid apprentice on 1.7.1937. He held
various posts and was pro- moted to the permanent post of Copyist on 1.8.1941.
In March, 1943 he came to Government of india service on depu- tation, and retired in 1976 on attaining the age of 58
years. Thereafter he moved the Central Administrative Tribu- nal claiming that
since he entered Government service on permanent basis before 31.3.1938, he was
entitled to contin- ue in service till the age of 60 years, as per Fundamental
Rule 56(c)(i).
Dismissing
the application, the Central Administrative Tribunal held that since the
appellant was appointed on permanent basis to the post of Copyist on 1.8.41, he
did not come within the purview of Fundamental Right 56(c)(i).
Aggrieved,
the appellant has preferred this appeal.
Allowing
the appeal, this Court,
HELD:
It is correct that from 1st of July, 1937 upto 1st of August, 1941 the
appellant has been shown in the service book to be appointed in officiating
capacity to various posts but the fact remains that his basic appointment as
paid apprentice was permanent. The finding of the Tribunal that the appellant
was made permanent for the first time as Copyist on 1st August, 1941 cannot be accepted in the face of clear entries in the
service book showing that he joined as paid apprentice on permanent basis on
1st of July, 1937.
Joining
as paid apprentice on permanent basis cannot be anything else but entering
Government service on permanent basis and since the entry was before 31st March, 1938, Fundamental Rule 56(c)(i) is
attracted and the appellant is entitled to remain in Government service fill
the age of 60 years. [412D-F] 411 [ This court observed that since the
appellant has already completed 60 years, he be paid two years emoluments with
all consequential benefits including any enhancement in the fixation of pension
and other post-retirement benefits.] [413D]
CIVIL
APPELLATE JURISDICTION: Civil Appeal No. 1899 of 1989.
From
the Judgment and Order dated 20.2.87 of the Central Administrative Tribunal,
Principal Bench, New Delhi in T.A. No. T-322/ 85 (CW 293/77).
Shankar
Vaidyalingam and Ms. Seita Vaidyalingam for the Appellant.
B. Dutta,
Govind Das, Mrs. Sushma Suri and Ms. Indra Sawhney for the Respondents.
The
Judgment of the Court was delivered by KULDIP SINGH, J. The question for our
consideration in this appeal is whether the appellant is governed by Funda-
mental Rule 56(c)(i) and as such entitled to superannuation at the age of 60
years.
Fundamental
Rule 56(c)(i) is reproduced as under:
"(c)
A ministerial Government servant who entered Government service on or before the 31st March, 1958 and held on that date:
(i) a
lien or a suspended lien on a permanent post, or ... shall retire from service
on the afternoon of the 1st day of the month in which he attains the age of
sixty years." The appellant joined service as paid apprentice in the Collectorate
of Etawah, Government of Uttar Pradesh on 1st July, 1937. On the same day he was asked to
officiate in the post of Arranger. He was sent back to the post of paid
apprentice on 24th December,
1937 but was again
appointed as Arranger in officiating capacity on 3rd of January 1938.
While
holding the post of paid apprentice he had been ap- pointed in various posts on
officiating basis. He was final- ly promoted and appointed to a permanent post
of Copyist in a substantive capacity on 1st of August, 1941. He came to the
Government of India on deputa- 412 tion in March 1943 and thereafter retired
from service on attaining the age of 58 years in February 1976.
The
appellant claimed that having entered Government service on permanent basis
before 31st March, 1938 he was entitled to continue in service till the age of
60 years under Fundamental Rule 56 (c)(i) and his retirement on attaining the
age of 58 years was illegal. The Central Administrative Tribunal, Principal
Bench, New Delhi dis- missed the application of the appellant holding that the
appellant was only an apprentice under training prior to 1st of August, 1941
and as such was not holding any employment under the State on permanent basis.
According to the Tribu- nal the appellant was appointed to the Government
service on permanent basis to the post of Copyist on 1st of August, 1941 and as
such he did not come within the purview of Fundamental Rule 56(c)(i).
We
have examined the admitted entries in the service book of the appellant which
are on the record. These entries show that the appellant joined service as paid
apprentice on substantive permanent basis on 1st of July, 1937. It is correct
that from 1st of July, 1937 upto 1st of August, 1941 he has been shown in the
service book to be appointed in officiating capacity to various posts but the
fact remains that his basic appointment as paid apprentice was permanent.
The
finding of the Tribunal that the appellant was made permanent for the first
time as Copyist on 1st
August, 1941 cannot be
accepted in the face of clear entries in the service book showing that he
joined as paid apprentice on permanent basis on 1st of July, 1937. Joining as
paid ap- prentice on permanent basis cannot be anything else but entering
Government service on permanent basis and since the entry was before 31st
March, 1938 Fundamental Rule 56(c)(i) is attracted and the appellant is
entitled to remain in Government service till the age of 60 years.
In the
reply affidavit on behalf of the respondents in the court below it is stated as
under:
"The
petitioner joined Government Service under the provincial Government of Uttar
Pradesh on 1.7. 1937 against a post of paid apprentice. It appears there were a
few permanent posts of paid apprentice under the State Government. Petitioner
was appointed against one of them in Collectorate, Etawah." 413 The
respondents repeated their stand in the counter filed by them in this Court in
the following terms:
"It
is submitted that the petitioner joined Govern- ment service under the
Provincial Government of Uttar Pra- desh on 1.7.1937 against a post of
"Paid Apprentice". It appear that there were a few permanent posts of
paid appren- tice under the State Government. The petitioner was appoint- ed
against one of them in the Collectorate, Etawah." We are, therefore, of
the view that the Tribunal erred in denying the benefit of Fundamental Rule 56
(c)(i) to the appellant. We allow the appeal with costs and set aside the
judgment of the Central Administrative Tribunal under appeal and we hold that
the appellant was entitled to continue in Government service till he attained
the age of 60 years. The appellant has already completed 60 years and as such
he be paid two years emoluments with all consequential benefits including any
enhancement in the fixation of pension and other post retirement benefits. We
quantify the costs as Rs.3,000.
G.N.
Appeal allowed.
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