Judgment

T.K.THOMMEN, J.

(1) LEAVE granted.

(2) THE Chandigarh Administration, the appellant, challenges the order of the central Administrative tribunal, Chandigarh bench, hold- ing that the respondent-employee was a workman within the meaning of Fundamental Rule 56(b).

(3) THE employee attained the age of 58 years on 15/04/1988. If the age of retirement is 58, as contended by the appellant- Administration, the employee had retired on 30/04/1988. On the other hand, if the right age of his retirement is 60 years, he retired only on 30/04/1990. The question, therefore, is whether the Administra- tion was right in superannuating the employee on completion of the age of 58. According to the employee, the right age for retirement being 60 years, as provided under clause (b) of F.R. 56, he should have been retained in service, as found by the tribunal, till 30/04/1990.

(4) CLAUSES (a) and (b) of F.R. 56 read as under:

"F.R. 56(a) 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.

(B) A workman who is