High Court of Judicature at Allahabad
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Ashni Shah Kumar v. State Of U.P. And Others - WRIT - A No. 19793 of 2007  RD-AH 7862 (27 April 2007)
Hon'ble Ashok Bhushan, J.
Sri Dhananjay Awasthi appearing for the respondents No. 2 and 3 prays for and is allowed three weeks' time to file counter affidavit. Rejoinder affidavit be filed within one week thereafter.
List on expiry of aforesaid period.
Learned counsel for the respondents at the very out set contended that with regard to retirement of employee of New Okhla Industrial Development Authority writ petition No. 69927 of 2006was filed in which an interim order was granted directing continuance of the employee till 60 years of age against which Special Appeal No. 184 of 2007 was filed which Special Appeal was allowed and the interim order was set aside. The Division Bench in its judgement dated29.3.2007 observed that the writ petition be expeditiously disposed of. Learned counsel for the petitioner Sri A. R. Dube contended that the petitioner is entitled to continue till 60 years of age in view of the amendment made in fundamental rule 56-C dated 22.11.2002 and he having not given any option he is entitled to govern by the rules of the State Government. He placed reliance on the judgement of the apex Court 2007 SCCL. Com. 365 Chairman, U.P.Jal Nigam and another Versus Radhey Shyam Gautam & another. He submitted that in the said judgement the apex Court dismissed the appeal confirming the judgement of the High Court in which it was held that the age of superannuation of the employee of the Jal Nigam is sixty years. The apex Court in above has relied the apex Court judgement reported in 2005 (13)S.C.C.200 Harwindra Kumar Versus Chief Engineer Karmik, U.P. JalNigam, Lucknow and others. The Court relied upon the provisions of Section 37 of the U.P. Water Supply and Sewerage Act, 1975 and the regulation 31 of the Uttar Pradesh Jal Nigam Engineers (Public Health Branch) Service Regulations, 1978 which clearly provide that the conditions of service shall be governed by such Rules and Regulations and the order which are applicable to the Government servants.
I have considered the submissions and perused the record.
In view of the Division Bench judgement of this Court dated 29.3.2007 allowing the appeal and setting aside the interim order passed by the learned Single Judge, this Court cannot grant interim order to continue the petitioner till the age of sixty years. However, it is provided that in the event it is found in the writ petition that the petitioner is entitled to continue till sixty years of age, he shall be entitled for all the benefits. The application for interim relief is disposed of with this observations.
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