1 S.B.CIVIL WRIT PETITION NO.2827/2008 Narendra Panchal Vs. State of Raj. & Ors. Date of Order :: 23.7.2008 HON'BLE MR. JUSTICE GOVIND MATHUR Mr. Basti Chand, for the petitioner. ... The petitioner, a Clerk at Shri Rishabhdev Temple Dhuleva, District – Udaipur has preferred this petition for writ claiming to continue in service till attaining the age of 65 years. The contention of learned counsel for the petitioner is that as per the Rules relating to the Staff of Self Supporting (Funded) Court of Wards Temples Under the Control and Superintendence of Devasthan Department, Rajasthan the age of superannuation is 65 years but the respondents have erroneously retired him in the age of 59 years. The Rule 24 of the Rules aforesaid prescribes for age of superannuation which reads as under: “24. Superannuation Age:- (a)The Mahant, Adhikari and Clerk will normally be retired after attaining the superannuation age of 55 years and the rest after attaining the age of 60 years but may be allowed to continue in service upto the age of 60 and 65 years respectively at the discretion of the appointing authority provided yearly certified they are medically, Physically and mentally fit. In no case the staff shall be allowed to remain in service beyond the age of 65 years.” 2 From reading of the Rule aforesaid it is apparent that the age of retirement for Clerk is 55 years and is 60 years for the employees other than the Mahant, Adhikari and Clerk. The relaxation is also allowed to the employees other than Mahant, Adhikari and Clerk. The age of retirement for the petitioner, therefore, was 55 years and not 65 years as claimed. The petitioner is also not entitled for getting any relaxation and even if for the sake of argument it is accepted that a relaxation can be given to the Clerk then too it is within the discretion of the respondents. The petitioner has been retired by the respondents only on attaining the age of superannuation, and therefore, the petition for writ is having no merit. The same, therefore, is dismissed. (GOVIND MATHUR), J. Jgoyal '