JUDGMENT

Hansaria, J.-Leave granted.

2. While ordering for issuance of notice, it was stated that the matter would be disposed of at the notice stage in view of the judgment of this Court delivered on 27.1.1995 in C.A. No. 1497/93, which has since been reported in (State of Orissa & others v. Adwait Charan Mohanty & others1).

3. Shri Misra, who has appeared for the respondent, has, however, taken a stand that the appeal may not be decided on the basis of the aforesaid judgment inasmuch as while deciding the aforesaid case, this Court s attention was not drawn to the Resolution of the State Government dated 21.5.1974 on the subject of age of superannuation of workmen appointed in Architectural and Drawing Branches of P.W.D. in which draughtsman is one of the category of the staff of Architectural Branch, who is required to be retained in service till the age of 60 years.

4. In the case in question this Court was called upon to decide the age of retirement of a workman who as per the second proviso to Rule 71(a) of the Orissa Service Code shall ordinarily be retained in service upto the age of 60 years. In the Note appended to the proviso, it has been stated that a workman means a h