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1995 Supreme(SC) 152

K.RAMASWAMY, M.N.VENKATACHALIAH
State Of Orissa – Appellant
Versus
Adwait Charan Mohanty – Respondent


Advocates:
A.K.PANDEY, B.B.SAHU, B.PARTHASARTHY, D.P.GUPTA, D.P.MOHANTY, JANARANJAN DAS, K.K.GUPTA, K.P.SINGH, KIRTI MISHRA, L.R.SINGH, N.S.BISHT, R.K.MAHESHWARI, S.K.Patri, SUSHIL JAIN, VIKASH SINGH, VINIT MAHESHVARI, YUNUS MALIK

JUDGMENT

K. RAMASWAMY, J.- Leave granted in SLP Nos. 4424, 13245-47, 18110- 18113 and 20136 of 1993, 4064, 2363, SLP No. 3172 of 1994 (OCC 24681), 2260, 4223, 2588, 4882, SLP No. 3173 (CC 25141), 9901, 2428, 11084-11095, SLP No. 3175 (OCC 26551), 18784 and 19083 of 1994.

2. These appeals raise a common question of law whether each of the respondents was liable to be superannuated only on attaining the age of 60 years. All the respondents have been working in various departments of the appellant-State as Draftsman, Senior Draftsman, Architectural Assistant Draftsman, Architectural Draftsman, Planning Assistant, Carpenter, Heavy Vehicle Driver, Mechanic, Foreman, Motor Grade Operator, Ferro Printer, Welder, Concrete Mixture Driver, Junior Machineman, Pump Mechanic, Pump Driver-cum-Mechanic, etc. etc. On attaining the age of superannuation of 58 years, when they were sought to be retired, they approached the Administrative Tribunal, Orissa, which in the impugned orders has held that they were workmen and entitled to continue in service until they attained the age of 60 years as provided for under the second proviso to Rule 71 (a) of the Orissa Service Code (for short "the Code"). It is
























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