D. K. SETH, J. ( 1 ) THE petitioner was appointed in Group-D post before November 5, 1985. Relying on Rule 56 (a) of the Uttar Pradesh Fundamental Rules, hereinafter called as the Rules, the petitioner, a collection amin, claims his retirement of age is 60 years whereas he is being sought to be retired at the age of 58 years. ( 2 ) LEARNED counsel for the petitioner Shri V. B. L. Srivastava points out from the proviso that since the petitioner was recruited in Group-D post before November 5, 1985, therefore, he should retire at the retirement age of 60 years. ( 3 ) LEARNED Standing Counsel opposes the said prayer and submits that since the petitioner is a collection Amin and he is not holding the Group-D post, he is not entitled to get the benefit of said proviso. ( 4 ) I have heard Shri V. B. L. Srivastava, learned Counsel for the petitioner and learned Standing counsel. Rule 56 (a) of the said Rules provides as follows : "56. (a) Except as otherwise provided in other clauses of this rule, every Government servant shall retire from service on the afternoon of the last day of the month in which he attains the age of fifty-eight years. He may be retained in service after the dated of retirement on superannuation, with the sanction of the Government, on public grounds, which must be recorded in writing, but he must not be retained after the age of 60 years except in very special circumstances : provided that a Government Servant, recruited before November 5, 1985 and holding the Group d post shall retire from service on the afternoon of the month in which he attains the age of 60 (sixty) years. Explanation -The above proviso shall not be applicable in those cases where the status of a post/posts referred to in the above proviso, has been changed after February 27, 1982 and categorized in higher Group of post/posts. " ( 5 ) THE first proviso to the Rules clearly lays down that a person recruited before November 5, 1985 and holding the Group d post shall be retired on attaining the age of 60 years. Simple meaning of this proviso is that this is applicable in respect of persons who are holding Group d post at the time of retirement and were recruited before November 5, 1985. Simple meaning of this proviso is that this is applicable in respect of persons who are holding Group d post at the time of retirement and were recruited before November 5, 1985. ( 6 ) ADMITTEDLY, the petitioner is not holding Group d post at the time of retirement. He has in the meantime promoted to the post of Collection Amin for whom the retirement age is 58 years in terms of Rule 56 (a ). My interpretation is supported by the explanation to the said Rule which explained that if such posts are categorized in higher group of post/posts after 27. 2. 1982, in that event, the proviso will not be applicable. In other words, if the Group d is categorised to higher group of post, then also the proviso will not be applicable. Thus, if a person recruited before november 5, 1985 and holding a Group d post till his retirement which has been subsequently categorised to higher post can not get the benefit in that event it would be preposterous that a person having recruited in Group d post subsequently promoted to higher post shall be granted the same benefit given for Group d post exclusively and not categorised as higher post. In the present case, though the petitioner was recruited in Group d post before November 5, 1985 but he was promoted to the higher post and was not holding Group d post at the time of retirement. ( 7 ) THE writ petition is, therefore, misconceived and is accordingly dismissed. .