CWP No.19185 of 2003 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C. W. P. No. 19185 of 2003 Date of Decision: 4 - 10 - 2010 Tehal Singh ....Petitioner v. State of Punjab and others ....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Harinder Sharma, Advocate for the petitioner. Ms.Sudeepti Sharma, DAG, Punjab for the respondents. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Petitioner in this writ petition seeks a writ of certiorari thereby quashing the action of the respondents in retiring him from service at the age of 58 years and further a writ of mandamus directing the respondents to retire him from service at the age of 60 years. Petitioner who was working as a Senior Laboratory Attendant at Government Senior Secondary School, Mudki, District Ferozepur, vide notification dated 17.1.1984 was placed in Class III service. The notification dated 17.1.1984 reads as under:- “The President of India is pleased to convert the post of Senior Laboratory Attendants working in the schools which are CWP No.19185 of 2003 [2] held by atleast matriculate persons in pay scale of Rs.400-600 from Class IV to Class III Service. Sd/-Hardial Singh Dated Chandigarh the Secretary to Government Punjab, 17th January, 1984 Education Department.” From a perusal of above-said notification, it is apparent that those Laboratory Attendants, who had passed Matriculation examination, were placed in Class III service and granted the higher pay scale of Rs.400- 600/-. Petitioner having availed the benefit of higher pay scale and status of Class III service, has prayed in this writ petition that the benefit which accrues to Class IV employees, should also be extended to him. It will be pertinent to mention here that date of retirement of Class IV employees is 60 years. Since the petitioner had availed the benefit of higher pay scale and was placed in Class III service, he was retired at the age of 58 years. Counsel for the petitioner submits that the Department has committed a grave error by retiring him at the age of 58 years. During the course of arguments, Mr.Harinder Sharma, counsel appearing for the petitioner has not been able to dislodge the effect of notification. On the observations made by this Court that having availed the benefit of higher pay scale and status of Class III service, the petitioner now cannot turn back and say that he should have been retired at the age of 60 years. It will be pertinent to notice here that the Department had conceded to the long pending demand of the employees and those Class IV employees who were matriculate, they be promoted. The Government accepted such a demand and created a post of Senior Laboratory Attendant in the pay scale of Rs.400-600/-. Non-matriculate employees were working as Laboratory Attendants in the pay scale of Rs.300-430/-. The petitioner CWP No.19185 of 2003 [3] being Matriculate was promoted to Class III service and was granted the pay scale of Rs.400-600/-. Having enjoyed the promotion, petitioner cannot escape from Rule 3.26 of the Punjab Civil Services Rules which prescribes` the age as 58 years of superannuation for Class III employees. Hence, there is no merit in the present petition and the same is hereby dismissed, with no order as to costs. ( KANWALJIT SINGH AHLUWALIA ) October 4, 2010. JUDGE RC