( 1. ) HEARD.

( 2. ) ONLY question involved in the case is whether respondents are entitled to continue upto the age of 62 years in service.

( 3. ) ALL the respondents are Gangmen, who are engaged in the Workcharged establishment. Their condition of service is governed by M. P. P. W. D. Workcharged and Contingency. Paid Employees Recruitment and Conditions of Service Rules, 1976. These rules are framed under Article 309 of the Constitution of India. Counting of period of service is defined in Rule 4 of the Rules, wherein it is provided that any persons, who on 1st January, 1974 had completed atleast one years service as Workcharged employees or contingency paid employees and who on that date were holding the posts specified in the schedule and who on that date had not completed the age of superannuation prescribed for employees holding comparable class of posts in the regular employment of the State Government. The respondents were regularised under the provisions of the aforesaid rules. Therefore, the rule specifically provides that their age of superannuation shall be that of equivalent post of regular employees of the State Govt. The Workcharged and Contingency Paid Employ