JUDGMENT The judgment of the Court was as follows:–– The only question which arises for consideration in this writ application is as to whether the age of superannuation of the petitioner would be 58 years or 60. It is not in dispute that the petitioner was appointed as Group-D employee. 2. The learned Counsel for the State however, has stated that there is a typographical mistake in Annexure 'C' to the writ application so far as the date of superannuation is concerned. The correct date of superannuation of the petitioner would be 28.2.95 in place of 28.2.93. 3. The learned Counsel for the State however submits that keeping in view the fact that the Process Servers filed a writ application and by an order this Court directed that the duties of the Process Servers were at per with those of the Seal Bailifs they should be given a scale of pay enjoyed by the Seal Dailifs. The Seal Bailifs enjoyed the scale of pay as admissible to Grade-C employees and then the age of retirement of Group-C employee would be 58 years. The petitioner in Paragraph 20 of the writ application has stated as follows :–– "That your petitioner states that pursuant to the said Memorandum dated 10.4.1983, your petitioner who was a Group-D employee prior to introduction of 1981 ROPA Rules are who became Group-C employee pursuant to the Government order No. 7725-F dated 6.7.1989 shall retire from the Government Service on attaining the age of 60 years and not on attaining the age of 58 years and as such your petitioner will retire from the Government service on 28.2.1997 on attaining the age of 60 years". 4. From the Service Book of the petitioner it appears that a written endorsement has been made at page 32 which reads thus :–– "As per order No. 1575-F dated 20.2.79 and No. 7725-F dated 6.7.89 of the Finance Dept. Government of West Bengal Communicated under RCS, West Bengal endorsement memo No. 8171(25) dated 27.7.89. Sri Manmatha Nath Das, Process Server has been allowed to draw his pay with the scale of pay of Rs. 300-10400/-, 15-565-20-685/- plus other allowances as admissible in lieu his scale of pay of Rs. 230-414/- with effect from 1.4.81". 5. This aspect of the matter has recently been considered by the Supreme Court in the case of (1) State of West Bengal & Ors.
300-10400/-, 15-565-20-685/- plus other allowances as admissible in lieu his scale of pay of Rs. 230-414/- with effect from 1.4.81". 5. This aspect of the matter has recently been considered by the Supreme Court in the case of (1) State of West Bengal & Ors. v. Anal Kumar Ghosh being Civil Appeal Nos. 4404-4405 of 1995 disposed of on 28.2.95 wherein the Supreme Court observed that in view of the note appended to the West Bengal Service Rules Part-I those employees who were promoted to Group-C service in 1981 they would be entitled to get the benefits of 60 years rule as stated in the Circular letter issued by the State Government to the effect that their age of superannuation would be 60 years and not 58 years. 6. Keeping in view the decision of the Supreme Court, there cannot be any doubt that the age of superannuation of the petitioner would be 60 years. This writ application is allowed to the extent mentioned hereinbefore. The impugned order as contained in Annexure 'C' is set aside.