JUDGMENT Heard the learned Counsel for the petitioner and the learned Counsel for the State. 2. In this writ application the only question arises as to whether the petitioner shall be retired at the age of 58 years or not. The petitioner was appointed as Class-IV, Group-D employee on 3.3.1984. He was promoted to the post of Painter in the office of the Katwa Sub-Divisional Hospital. The petitioner thus became Group-C employee from Class-IV, Group-D employee in terms of the Rules. 3. The learned Counsel for the petitioner submits that in terms of Rule 76 of the West Bengal Service Rules the age of retirement of the petitioner would be 60 years. The said Rule 76(b) and the Note 2 appended thereto reads thus :- "76(b). A Government employee in Group-D service appointed or re-appointed after termination of the previous service on or after 1st July, 1948, shall be required by the appointing authority to retire from service compulsory with effect from the afternoon of the last day of the month in which be attains the age of sixty years except in very special circumstances which must be recorded in writing and with the sanction of Government. Provided that a Government employee in Group-D service whose date of birth is the first of a month shall retire from service with effect from the afternoon of the last day of the preceding month of attaining the age of sixty, sixty-two or sixty-five years, as the case may be. Note 2. Government employees who, consequent upon the introduction of the West Bengal Services (Revision of Pay and Allowance) Rules, 1981 have become Group C employees, although prior to such revision of pay scales they were in Group-D, may be treated as belonging to Group-D Government employees for the purpose of age of retirement and they may accordingly be retained in service upto the age of 65 or 62 years in accordance with provisions of sub-rule (a) or sub-rule (b) of this rule. For all other purposes, as for examples disciplinary matters, such Government employees shall however be treated as belonging to Group-C". 4. It appears that a confusion has arises as to whether such employee in terms of revised clarification under the ROPA Rules, 1981 has become Group C employee after promotion from Group D employee who retires at the age of 58 or 60 years. 4. It appears that a confusion has arises as to whether such employee in terms of revised clarification under the ROPA Rules, 1981 has become Group C employee after promotion from Group D employee who retires at the age of 58 or 60 years. By a Memorandum dated 20.4.83 the said question was answered in the following terms :- "4(ii). The employees mentioned at para 3(ii) above be allowed to retire at the age of 60 years, but new entrants to such posts should not be given this benefit as they will start their service carrier as Group 'C' employees". 5. However by reason of an Office order dated 28.10.94 as contained in annexure 'C' to the writ application the petitioner was asked to retire on 1.5.95 on the ground that his age of superannuation would be 58 years. 6. The learned Counsel for the petitioner has also drawn my attention to an order dated 6.5.92 passed by Ruma Pal, J. in C.R. No. 2369(W) of 1991 as contained in annexure 'E' to the writ petition. In the said judgment the learned Judge has elaborately dealt with the argument advanced on behalf of the parties and held that in such a case also the age of superannuation would be 60 years. 7. I respectfully agree with the said judgment. 8. The petitioner was not a new entrant in terms of ROPA Rules, 1981. He was appointed on 2nd July, 1958 under the Directorate of Health Services, W.B. 9. In this view of the matter, this application Succeeds and the respondents are hereby directed to forbear from giving effect or acting pursuant to the dated 28.10.94 as contained in annexure 'C' to the writ application and treat the age of superannuation of the petitioner as 60 years. 10. The impugned order dated 28.10.94 is hereby quashed. The writ application is allowed. If he applies for Xerox certified copy of the order the same may be supplied to him at an early date.