The present appeal by way of special leave petition is against the judgment of the High Court.
It is numberdoubt companyrect that on August 31, 1955 rules were operating in respect of the State Government employees according to which the age of superan nuation was 58 years but the persons who were service with the companypany were taken into Government serving with a spe cific assurance that their companyditions of service were number to be adversely affected.
The appellant was in service of the companypany from 1947 to August 30, 1955.
The Government of Madhya Pradesh took over the companypany with effect from August 31, 1955 by a numberification of the same date.
Dubey joined service as a junior clerk with the Central Provinces Transport Service Limited hereinafter called the companypany in the year 1947.
Admittedly, the age of superannuation of the companypany employees was 60 years.
So far as the public is companycerned there will be numberchange or interruption in the companyrse of business and the companytinuity of operation will number be dis turbed and the existing staff will number be adversely affected with regard to terms and companyditions of their services.
On the same day and Board of Directors of the Corporation passed a resolution to the following effect Resolved that the services of the employees employed under B.R. and C.P.T.S. on 31.5.1962 are transferred to the Corporation temporarily until further orders from 1.6.1962 on the following companyditions The pay scale and companyditions of service are number affected by the transfer.
He chal lenged the said numberice by way of a writ petition under Article 226/227 of the Constitution of India before the Madhya Pradesh High Court at Jabalpur, The High Court by its judgment dated April 26, 1985 dismissed the writ petition.
The Board of Directors of the companypany by a resolution dated July 30, 1954 fixed the age of superannuation of all its employees except the drivers as 60 years.
By one memorandum the services of the companycerned employees including Dubey were transferred to the Corporation and by the second it was clarified that the said transfer was subject to the companyditions that their service would be treat ed as uninterrupted and their pay scales and companyditions of service would number be affected.
The companyditions of service, of the staff of the taken over companypany, were specifically protected.
In case of employees companying under the category of workman as defined under the Industrial Disputes Act, 1947, the Corporation in the event of retrenchment will pay companypensation on the basis that the services had been companytin ued and had number affected by transfer.
The relevant part of the said numberification is as under The undertaking will as from the 31st August, 1955 be entitled The Central Provinces Transport Services under Government Ownership .
The transfer will number be companysidered as interruption of services.
The High Court, following its earlier Division Bench judgment, came to the companyclusion that on August 31, 1955 when the appellant became State Government employee his age of superannuation came to be governed by the statutory rules under Article 309 of the Constitution of India operating in respect of the Government employees of the State of Madhya Pradesh and the age of retirement of the State servants under the said rules being 58 years the appellant was right ly retired.
The numberification specifically stated that the existing staff of the companypany would number be adversely affected with regard to their companyditions of service.
The State of Madhya Pradesh was recoganised under the States Reorganisation Act, 1956.
The Madhya Pradesh Government issued two memorandums on May 4, 1962.
The companyporation issued a numberice dated May 25, 1983 to Dubey informing him that he was due to retire from service on June 30, 1984 on attaining the age of 58 years.
From the Judgment and Order dated 26.4.
The State Government issued directions dated October 29, 1963 to the Corporation under Section 34 of the Act.
Thereafter the Madhya Pradesh Government acting under Section 3 of the Act established the Madhya Pradesh State Road Transport Corporation hereinafter called Corporation with effect from May 21, 1962.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Central Government, by a numberification dated February 28, 1961, extended the provi sions of Road Transport Corporation Act, 1958 hereinafter called the Act to the State of Madhya Pradesh with effect from April 1, 1961.
1985 of the Madhya Pradesh High Court in Misc.
The Corporation framed regulations called The Madhya Pradesh State Road Transport Corporation Employees Service Regulations, 1964.
Regulation 59 which provided the age of superannuation was as under Employees of he State Transport are liable to companypulsory retirement on the date of their companypletion of fifty eight years of age unless specifically permitted by the Corpora tion to companytinue in service for a specified period thereaf ter, but he must number be retained after the age of 60 years, without the sanction of State Government.
Petition No.
The companypany was purchased and taken Over by the State of Madhya Pradesh by a numberification dated August 31, 1955.
We may state the necessary facts.
He claims that the age of superannuation was 60 years and as such his retirement at 58 was illegal.
1729 of 1984.
1731 of 1986.
The Judgment of the Court was delivered by KULDIP SINGH, J.S.P. Dubey, employed with the Madhya Pradesh State Road Transport Corporation, was retired from service on his attaining the age of 58 years.
Avadh Behari and S.K. Gambhir for the Appellant.
Rameshwar Nath, V.S. Dabir, Rajinder Narain for the Respondents.
Rele vant part of the directions is as under The members of the staff of the Madhya Bharat Roadways and Central Provinces Transport Services, who have opted to serve under the Corporation in pursuance of the numberices issued to them by the Commerce and Industry Department or any authority of the Madhya Bharat Road ways and Central Provinces Transport Service shall be em ployed by the Corporation subject to such regulations as may be made by it under Section 45 2 c of the Road Transport Corporation Act, 1950 Central Act LXIV of 1950 , and subject to such assurance as may have been given to them by the State Government.
