Honble SINGHAL, J. – All these writ petitions are being disposed of by this common order since the controversy invovled in all of them is common, with regard to the age of retirement of work-charged employees.

(2). In exercise of the powers conferred by proviso to Article 309 of the Constitution of India, the Governor of Rajasthan made the rules for regulating recruitment and conditions of service of the work-charged employees of the Public Works Department (Building and Roads) including Gardens, Irrigation, Water Works and Ayurvedic Departments which are knowns as Rajasthan PWD (B&R) including Gardens, Irrigation, Water Works and Ayurvedic Department Work-charged Employees Service Rules, 1964. The said Rules were made applicable by notification dated 18.1.1989. The work-charged Rules were made applicable to the work-charged employees of the Forest Department excluding departmental opration circle. Under the Rules of 1964 a work- charged employee has been considered as an employee who is actually employed for or on the execution and/or supervision of works both original and maintenance, supervision of departmental labour machinery and works etc paid on daily or monthly basis. The workcharged employee has been categorised as semi permanent and permanent. Rule 8 provides the compulsory retirement. It is stated that except as otherwise provided in the Rules (i) the date of compulsory retirement of the employees of the categories specified in the Schedule appended to the Rules, shall be the date on which the employees attain the age of 58 years and (ii) the date of compulsory retirement of other employees shall be the date on which such employees attain the age of 55 years. The categories which have been specified in the schedule are 21 which are as under: –

1. Blacksmith,

2. Turner,

3. Jamadar,

4. Moulder,

5. Carpenter,

6. Welder,

7. Painter,

8. Helper other than of the lowest grade,

9. Tailor,

10. Fitter,

11. Upholster,

12. Driver of vehicles & Machinery including heavy earth moving machinery,

13. Electrician,

14. Wiremen,

15. Stores, Cutter or Dresser,

16. Mechanic,

17. Modeller,

18. Mason,

19. Plumber,

20. Caneman,

21. Dhobi.

There are other rules regarding pay scales, rate of increments, casual leave, earn leave paid and weekly holidays, consolidated wages, disciplinary action and payment of wages etc.

(3). Vide order dated 28.2.1994 a complete ban was imposed on recruitment of workcharged employees and such employees were directed to be absorbed as regular employees in a phase manner. It was directed that those employees who have rendered 10 years of satisfactory service as on 31.12.1993 shall be converted into regular employees w.e.f. 1.4.94, and were brought under the perview of Rajasthan Service Rules. Thereafter, an order dated 20.9.95 was issued by the State Government in which it was directed that the work-charged employees whose services have been regularised will retire like government employees and the employees getting pay scale No. 1 and 2 shall retire on attaining the age of 60 years and other employees shall retire on attaining the age of 58 years.

(4). Mr. Sharma, learned counsel for the petitioner has placed reliance on the case of Rajasthan State Electric Workers Union PWD Jodhpur & Ors. vs. State of Raj. & Ors.(1), wherein it was held that permanent employees under the Rules ipsofacto became regular employees and were entitled for House Rent Allowance like other employees. Reliance has also been placed on the decision of Association of Maharashtra Education Service Class II Officers and others vs. State of Maharashtra & Ors. (2), where under the Bombay Civil Service Rules, the age of superannuation teachers as a class was 58 years. The Government accepted recommendations of Sen Committee and extended the age of Superannuation to 60 years for teachers of University and non-Govt. affiliated colleges only, while making an exception in case of teachers of Govt. Colleges who were left to be continued to be governed by original/relevant r

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