# ~ , ( THE ACCOUNTANT GENERAL ANDHRA PRADESH ANDANR v. MOHD. ABDUL RAHMAN KHAN

- **Citation:** [1997] 1 S.C.R. 1019
- **Court:** Supreme Court of India
- **Decided:** 1997-02-06
- **Case number:** Civil Appeal No. 698 of 1981
- **Bench:** K. Ramaswamy Ands. Saghir Ahmad
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/the-accountant-general-andhra-pradesh-andanr-v-mohd-abdul-rahman-khan-15153
- **Pages:** 3

## Headnote

Service Law :
Central Civil Services (Part B State Transfe"ed Employees) Rules,
1953/Fu11dame11tal Rules.
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.

## Text

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THE ACCOUNTANT GENERAL ANDHRA PRADESH
ANDANR.
v.
MOHD. ABDUL RAHMAN KHAN
FEBRUARY 6, 1997
[K. RAMASWAMY ANDS. SAGHIR AHMAD, JJ.]
Service Law :
Central Civil Services (Part B State Transfe"ed Employees) Rules,
1953/Fu11dame11tal Rules.
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.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 698 of
1981.
From the Judgment and Order dated 15.11.78 of the Andhra Pradesh
High Court in W.A. No. 397 of 1978.
C.S.S. Rao, Hemant Sharma and K.S. Gurumoorthy for the Appellants.
The following Order of the Court was delivered :
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
A
B
c
D
E
F
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:
c
D
E
F
"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
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
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.
Note: For the purpose of this clause, the expression, 'Government
Service' includes service rendered in a former provincial Government.
(cc) ..................... "
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 determination 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
retire on March 31, 1977 on his attaining the 58 yeas. The stand taken .by-
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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
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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
view of the admitted position that the respondent was appointed on permanent 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
B
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 required 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