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2013 DIGILAW 2068 (DEL)

Tej Pal Singh v. Bses Rajdhani Power Limited

2013-10-25

VALMIKI J.MEHTA

body2013
JUDGMENT : Valmiki J Mehta, J. 1. By this writ petition, petitioner who was working as a Chowkidar with the erstwhile Delhi Electric Supply Undertaking (DESU), and whose successor-in-interest is the present respondent-M/s. BSES Rajdhani Power Limited, claims that he should be retired not at the age of 58 years but at the age of 60 years. Petitioner claims that he was born on 25.12.1938 and therefore he would stand retired on 25.12.1998 and not on 31.12.1996 when he was retired. Learned senior counsel for the respondent has drawn my attention to the circular dated 2.6.1981 issued by the Delhi Electric Supply Undertaking, as per which, the security staff will retire at the age of 58 years and other Class-IV employees will retire at the age of 60 years. This circular is an office order and which reads as under:- 'DELHI ELECTRIC SUPPLY UNDERTAKING' No: F.5/5/80-O&M Dated 2nd June, 1981 OFFICE ORDER Consequent upon adoption of Fundamental Rules & Supplementary Rules in Delhi Electric Supply Undertaking with effect from 21.2.1980, the retirement age of the employees in Delhi Electric Supply Undertaking is regulated by the provisions contained in F.R. 56 and the orders issued thereunder. In this regard the following clarifications are issued:- 1. Office Order No. F.5/5/80-O&M/430 dated 10th September, 1980 clarified that the categories of employees mentioned therein were not covered by the definition of 'workman' given in F.R. 56(b). This does not imply that rest of the categories of employees are 'workmen'. 2. The retirement age of Class IV employees would be 60 years as provided in F.R. 56(b) except in regard to Class IV Security Staff, who will retire at 58 years. 3. The 123 categories of staff (not included in Class IV categories of employees) as mentioned in the Annexure to this Office order will be treated as 'Workman' for the purpose of F.R. 56(b) and would retire at the age of 60 years. 4. Any employee belonging to Class IV category or covered by the categories of 'workman' mentioned in para 3 above, who has been retired from the services of the Undertaking on attaining the age of 58 years on or after 21.2.1980 shall be taken back on duty immediately. The intervening period after the date of retirement in such cases would be treated as the period spent on duty for all purpose. This issues with the approval of the General Manager (E). The intervening period after the date of retirement in such cases would be treated as the period spent on duty for all purpose. This issues with the approval of the General Manager (E). End: Annexure (A.J.S. SAHNEY) ADMINISTRATIVE OFFICER (GENERAL) 2. The aforesaid office order dated 2.6.1981 has been referred to in para 5 of the preliminary objections of the counter-affidavit of the respondent and in the rejoinder-affidavit no satisfactory reply has been given, and which obviously could not have been given because it is this circular dated 2.6.1981 which will hold the field as per which security staff such as the petitioner would retire at the age of 58 years and not 60 years. I may note that at the relevant point when the petitioner retired, Delhi Electric Supply Undertaking was existing and being a government organization it would have uniformly applied the rule of retirement at the age of 58 years to all the security staff. 3. In view of the above, there is no merit in the petition and the claim of the petitioner is not justified that the petitioner had to retire at the age of 60 years and not 58 years and which is clear in view of the circular of the DESU dated 2.06.1981 that security staff will retire at the age of 58 years unlike other Class-IV employees who are to retire at the age of 60 years. There is therefore no merit in the petition, which is accordingly dismissed, leaving the parties to bear their own costs.