The age of superannuation is governed by the statutory classification of the post; if a post is classified as Class-III under statutory service rules, the retirement age of 58 years applies, regardless of previous status or general pay-scale relaxations intended for different categories.

SUDEEPTI SHARMA J. (ORAL)

1. The challenge in the present writ petition is to order dated 30.11.2005, whereby the petitioner was retired from service at the age of 58 years.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES

2. Learned counsel for the petitioner contends as under:-

(i) that the petitioner joined the establishment of the Subordinate Courts at Patiala as a Waterman on 16.11.1966 under the administrative control of the Punjab and Haryana High Court. During his long and unblemished service, he was promoted as Process Server and subsequently as Bailiff vide Office Order dated 20.09.1997. At the time of his initial appointment as well as his subsequent promotion, his service conditions were governed by the Rules framed by the Hon’ble High Court under Section 35(3) of the Punjab Courts Act, 1918, as incorporated in Chapter 18-A of the High Court Rules and Orders. Under this statutory framework, Process Servers and Bailiffs were treated as Inferior Government Servants for the purpose of retirement and their age of superannuation was regulated by Fundamental Rule 56 read with Articles 481 to 485 of the Civil Service Regulations. Fundamental Rule 56(e) expressly stipulated that a Class IV Government servant shall retire on attaining the age of 60 years. Likewise, Rule 9 of the Central (Class IV) Services (Gratuity, Pension and Retirement) Rules, 1936, incorporated under Article 481 of the Civil Service Regulations, also prescribed the age of retirement the petitioner as 60 years.

(ii) Further, that the respondents themselves acknowledged the petitioner’s entitlement to continue in service until the age of 60 years. And seniority list circulated in July 1999 (Annexure P-2) specifically recorded the date of retirement of petitioner as 30.11.2007. Although the Punjab Subordinate Courts (Establishment and Conditions of Service) Rules, 1997 (in short, ‘Rules 1997’) came into force with effect from 05.02.1999, the said Rules do not prescribe any separate age of superannuation for Bailiffs. Rule 11 of the Rules 1997 specifically provides that matters relating to pay, leave, pension and superannuation shall continue to be governed by the Rules and Government Instructions applicable to Punjab Government employees, as adopted by the Hon’ble High Court. And subsequent to the revision of pay scales pursuant to the recommendations of the Fourth Punjab Pay Commission, the post of Bailiff was reclassified as a Group ‘C’ post. However, the State Government, vide Instructions dated 26.11.2002, categorically clarified that employees who were originally Class IV employees but had been placed in Group ‘C’ solely on account of pay revision would continue to retire on attaining the age of 60 years. Consequently, the Petitioner's age of superannuation remained unaffected.

(iii) Further contends that Rule 2(f) of the 1997 Rules expressly excludes Bailiffs from the definition of “Ministerial Service”, thereby preserving their distinct service status. Rule 19 of the Rules 1997 further safeguards all accrued rights, privileges, obligations and liabilities existing under the repealed Rules. The petitioner’s vested right to remain in service until attaining the age of 60 years, therefore, stood fully protected.

(iv) Further that the respondents have neither issued, nor relied upon any statutory amendment, notification or administ