STATE OF ORISSA AND ORS. versus ARNAB KUMAR DUTTA

Citation: [1996] 1 S.C.R. 892 · Decided: 24-01-1996 · Supreme Court of India · Bench: G.N. RAY · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
B 
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D 
STATE OF ORISSA AND ORS. 
v. 
ARNAB KUMAR DUTTA 
JANUARY 24, 1996 
[G.N. RAY AND B.L. HANSARIA JJ.] 
Se1vice Law : 
Orissa Service Code 
R. 71 (a) Second proviw-Draughtsman in P. WD.-Age of superannua-
tion-Held, Draughtsman would not be a workman to get benefit of retention 
in se1vice up to the age of 60 years-He has to retire on completion of 58 
years of age. 
The present appeal was filed by the State of Orissa against the 
judgment of the Orissa Administrative Tribunal which ordered the respon-
dent, a draughtsman in the service of the State Govt., to be retained in 
service upto the age of 60 years. This Court, while ordering issue of notice 
in the present appeal obs~rved that the matter would be disposed of in 
view of the judgment of this Court in State of 01issa & On. v. Adwait 
E Charan Mohanty & 010. * 
F 
G 
It was contended for the respondent that the appeal should not be 
decided on the basis of Adwait Charan Mohanty's case* as in that case 
Court's attention was not drawn to the Resolution of the State Government 
dated 21.5.1974 on the subject of age of superannuation of workman 
appointed in Architectural and Dra\\ing Branches of P.W.D. in which 
draughts man was one of the categories of the staff of Architectural Branch 
rec1uired to be retained in service till the age of 60 years. 
Allowing the appeal, this Court 
HELD : The respondent has to retire on completion of the age of 58 
years. This Court in State of 01issa v. Adwait Charan Mohanty & Ors.* on 
the question of retention in service of a workman upto the age of 60 years, 
as per the second proviso to s.7l(a) of the Orissa Service Code, examined 
the meaning of the word 'artisan' occurring in the note appended to the 
H proviso, and held that the object of the Rule appears to bring 'artisan 
892 
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STATEv. A.K. DUTTA[HANSARIA,J.] 
893 
workman' on par with class IV employees, and he alone is required to retire A 
on completion of 60 years of age, but not the gazetted or non-gazetted 
class-III government servant or even class II or class I; and, therefore, a 
draughtsman would not be a workman to get the benefit of retention in 
service upto the age of 60 years. The fact that attention of the Court was 
not drawn to the Resolution dated 21.5.1974, has no significance. 
(894-G; 893-E·F; 894-A-C] 
B 
• 
*State of Orissa & Ors. v. Adwait Charan Mohanty & Ors., (1995] 
Supp. 1 SCC 470, explained and relied on. 
' 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2338 of 
1996. 
c 
From the Judgment and Order dated 25.11.94 of the Orissa Ad-
ministrative Tribunal, Bhubaneswar in OA. No. 2558(C) of 1994. 
A.K. Panda for the Appellants. 
P.N. Misra for the Respondent. 
The Judgment of the Court was delivered by 
HANSARIA, J. Leave granted. 
2. While ordering for issuance of notice, it was stated that the matter 
would be disposed of at the notice stage in view of the judgment of this 
Court delivered on 27.1.1995 in C.A. No. 1497/93, which has since been 
reported in 1995 Supp (1) SCC 470 State of Orissa & Othe1s v. Adwait 
Charan Mohanty & Others. 
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E 
F 
3. Shri Misra, who has appeared for the respondent, has, however, 
taken a stand that the appeal may not be decided on the basis of the 
aforesaid judgment inasmuch as while deciding the aforesaid case, this 
Courts attention was not drawn to the Resolution of the State Government 
dated 21.5.1974 on the subject of age of superannuation of workmen G 
,.. 
appointed in Architectural and Drawing Branches of P.W.D. in which 
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+ 
draughtsman is one of the category of the staff of Architectural Branch, 
who is required to be retained in service till the age of 60 years. 
4. In the case in question this Court was called upon to decide the 
age of retirement of a 'workman' who as per the second proviso to Rule H 
894 
SUPREME COURT REPORTS 
[1996] 1 S.C.i<.. 
A 71(a) of the Orissa Service Code shall ordinarily be retained in service upto 
the age of 60 years. In the Note appended to the proviso, it has been stated 
that 'a workman' means a highly skilled, skilled or semi-skilled and un-
skilled G1tisa11 employed on a monthly rate of pay in any Government 
establishment. After examining the meaning of the word "artisan" finding 
B place in the different dictionaries, it was held in paragraph 12 that the 
object of the Rule appears to bring "artisan-workman" on par with Class 
IV employees, and he alone is required to retire on the completion of 60 
years of age but not the gazetted or no
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