Holding

The respondent is governed by clause (c) of Fundamental Rule 56 and must retire at the age of 60.

Summary

The respondent, Abdul Rahman Khan, was appointed as a Lower Division Clerk in the erstwhile Nizam State on 10 March 1938 and later absorbed into the Central Government on 1 April 1950 as an Upper Division Clerk. The dispute centered on whether he should retire at the age of 58, as prescribed by Fundamental Rule 56(a) after its 1965 amendment, or at 60 under clause (c) of the same rule, which protects certain employees who entered service before 31 March 1938 and held a permanent post with a lien in a former provincial government. The appellants argued that Rule 9(4) of the Central Civil Services (Part B State Transferred Employees) Rules, 1953, made the respondent subject to the 58‑year retirement age. The Court examined the wording of FR 56(c) and the note that ‘Government Service’ includes former provincial service, concluding that the respondent fell within the protective category of clause (c). Consequently, the Court held that he was entitled to remain in service until the age of 60, affirming the High Court’s order. The appeal was dismissed.

Issues considered

Whether a former Part B State employee absorbed into the Central Government is governed by Fundamental Rule 56(a) mandating retirement at 58 years.
Whether clause (c) of Fundamental Rule 56, which allows retirement at 60 years for employees who entered service before 31 March 1938 and held a permanent post with a lien, applies to the respondent.

Legislation cited

Fundamental Ruless. 56(a), s. 56(c)
State Reorganisation Act, 1956

Subjects

service lawsuperannuationretirement ageFundamental Rules 56Part B State transferred employeesNizam Stateabsorption into Central Governmentgovernment service

Judgment

THE ACCOUNTANT GENERAL ANDHRA PRADESH A
~ ANDANR.
v.
~ MOHD. ABDUL RAHMAN KHAN

FEBRUARY 6, 1997
B
[K. RAMASWAMY ANDS. SAGHIR AHMAD, JJ.]
..,
Service Law :

1 Central Civil Services (Part B State Transfe"ed Employees) Rules,
1953/Fu11dame11tal Rules.
c
Rule 9(4)/56(b)(ii), 56(c)-Superan11uation-Erstwhile employee of
Nizam State which merged in Unio11 of lndia-Lie11 in Provincial Service prior
~ ...
to ame11dme11t mies-Hence governed by F.R. 56(c) and the employee could

- (
be retained till he completes 60 years of age.

1981.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 698 of
D

From the Judgment and Order dated 15.11.78 of the Andhra Pradesh
~ High Court in W.A. No. 397 of 1978. E
l

C.S.S. Rao, Hemant Sharma and K.S. Gurumoorthy for the Appel-
lants.

The following Order of the Court was delivered :
F
This appeal by special leave arises from the judgment of the Division
bench of the Andhra Pradesh High Court in Writ Appeal No. 397/78, made
on November 15, 1978. The respondent was appointed as a Lower Division
Clerk in the erstwhile Nizam State (Part B State) on March 10, 1938. His
date of birth is 6.3.1919. After the formation of the Part B State, he was G
confirmed in the Accountant General Office as Upper Division Clerk. He
was absorbed permanently on April 1, 1950, since, by then, he was working
in the Office of Accountant General of Hyderabad from March 7, 1939.
The question arises: whether he requires to be superannuated on his
completion of 58 years? The respondent contended that being an erstwhile
_,
.... employee of Part B State absorbed in the Government of India service, he H
1019
1020 SUPREME COURT REPORTS [1997] 1 S.C.R.

A is governed by Fundamental Rules 56(c) and clause (a) of Fundamental
Rules 56 does not apply to him and, therefore, he is entitled to remain in.
service until he reaches the age of superannuation of 60 years. That
contention was found favour with the learned single Judge was and upheld
by the Division Bench. Thus, this appeal by special leave.

B Fundamental Rules 56, as amended in July 1965 reads as under:

"F.R. 56 was amended in July, 1965. After amendment the relevant \-
•
part of it reads as follows :

(a) except as otherwise provided in this Rule every Government •'
c servant shall retire on the day he attains the age of 58 years.

(b) .............................. .

(c) A ministerial Government servant who entered Government
service on or before 31.3.1938 and held on that date (i) a lien or
D suspended lien on a permanent post or, (ii) a permanent post in .
a provisional substantive capacity under clause ( d) of Rule 14 and
) --
continued to hold the same without interruption until he was
confirmed in that post, shall be retained in service till the day he
attains the age of 60 years.
E
Note: For the purpose of this clause, the expression, 'Government
Service' includes service rendered in a former provincial Govern- ~

ment. •'
(cc) ..................... "
F
The appellants have taken the stand that by virtue of rule l(ii) which
came into force on April 1, 1950 of the C.C.S. (part B State Transferred
Employees) Rules, 1953 by operation of Rule 9(4) of the Rules, on deter-
mination of ·the age, a ministerial servant was to superannuate under
G Fundamental Rules 56(b)(ii) as it stood _prior to amendment in July 1965
would apply and as a consequence, the respondent was required to be
superannua~ed on his completion of 58 years of age. Accordingly, he was
informed of the same in letter dated November 27, 1976 that he was to I

retire on March 31, 1977 on his attaining the 58 yeas. The stand taken .by- -- r·,_
the appellants is not correct in the light of the clause (c) of Fundamental
H Rules 56. Hi~ a special provision in relation to an erstwhile government
ACCOUNTANT GEN.AP. v. ABDUL RAHMAN KHAN 1021
servant in Part B State, who was made permanent, after the Part B State A
merged with the Union of India. Nizam State was Part B State and merged
in Union of India and became integral part of Andhra Pradesh State under
State Reorganisation Act, 1956. The note to Fundamenta1 Rules 56 clearly
mentions that for the purpose of this clause, the expression, 'Government
Service' includes service rendered in a former provincial Government. In
B
view of the admitted position that the respondent was appointed on per-
manent basis as an L.D.C. on March 10, 1938 and ever since he continued
in service till he was absorbed as U.D.C. on permanent basis on April 1,
1950 with the Central Government, he hold his post on permanent basis
with a lien in provincial service, prior to the amendment Rules, 1965 has
come into force, namely, prior to March 31, 1938. As a consequence he is C
governed by clause (c) of Fundamental Rules 56. Accordingly, he is re-
quired to be superannuated only on his completion of 60 yeas of age. The
High Court, therefore, was right in directing that the respondent should be
retained in service till he attains the age of 60 yeas. Even by now he had
completed superannuation. It needs no interference.
D
The appeal is accordingly dismissed. No costs.

G.N . Appeal dismissed.

.... I