Having heard learned Counsel for the parties, we are of the view that Sub section 3 of section 3 of the 1984 Act companyfers a right on that category of Government servants to whom it relates, namely, workmen whether in superior or inferior service to companytinue in employment until they attain the age of 60 years and in deciding whether the appellants are to superannuate at the age of 58 or would have the advantage of Sub section 3 of section 3 of the Act and would companytinue in service till they attain the age of 60 is a matter which has to be examined before it can finally be said as to what would be the age of retirement of the appellants.
Before the High Court what had indeed been highlighted was whether the appellants who were once members of the work charged establishment and had exercised their option for absorption in Government service companyld be affected by the reduction of the age of retirement from 58 to 55.
In 1984, under the Andhra Pradesh Public Employment Regulation of Age of Superannuation Act of 1984 the age of superannuation was again raised to 58.
In this Act provision has been made that workmen, whether in superior or in inferior service, would ordinarily be retained in service upto the age of 60 years.
Indisputably, they belonged to the work charged establishment under the Respondent Government and have fulfilled the companyditions indicated in the Government order and became regular Government servants.
In 1983, the State Government of Andhra Pradesh reduced the age of retirement of Government servants from 58 to 55.
The short question raised in these appeals is whether the appellants are liable to be superannuated at the age of 58 years or whether they are entitled to companytinue till they attain the age of 60.
The High Court had been moved before the 1984 Act came into field.
The appellants claimed that they are entitled to the benefit of the statutory provision and have therefore to be retained in the service till they attain the age of 60.
Patently, therefore, the provision in that Act upon which reliance is number placed was number in existence when these Writ Petitions were filed.
