Court No. - 23 Case :- SERVICE SINGLE No. - 411 of 2010 Petitioner :- Jai Karan Pandey Respondent :- State Of U.P., Thru. Prin.Secy. Deptt. Of Nagar Vikas & Ors Petitioner Counsel :- R.K.S.Suryvanshi Respondent Counsel :- C.S.C.,Aftab Ahmad Hon'ble Shabihul Hasnain, J.
Heard Sri R.K.S. Suryvanshi, learned counsel for the
petitioner and Aftab Ahmad, learned counsel for the opposite
party No.s 3 and 4 while learned Standing counsel appears for
opposite party No.s 1 and 2.
Petitioner is a class IV employee of the opposite party No.3
i.e . Nagar Palika Parishad, Nawabganj, Barabanki. The
argument of the petitioner is that the age of retirement under
the Retention and Retirement of Servants of Municipal Board
Regulations, 1965 is sixty years. The petitioner is being
sought to be retired at the age of 58 years which is falling on
31.1.2010. His argument is that the respondents are trying to
retire him on the basis of government order which can not
supersede the regulations.
This legal argument has some force. This Court is inclined to
agree with him on this score.
Sri Aftab Ahmad has argued that since the petitioners had
agreed to retire at the age of 58 years earlier hence the
benefits which accrued to a person retiring at the age of 58
years were given to the petitioner and now if he is allowed to
continue till the age of 60 years he will be availing both the
benefits which can not be granted.
Petitioner counsel has stated that firstly no benefits have been
given to him for retiring at the age of 58 years and secondly
even if any benefit has been given to him he is willing to
refund the same. He has drawn the attention of this Court
toward the order dated 21st December, 2009 passed by the
Director, Local Bodies i.e. opposite party no.2 in the case of
Anil Kumar Srivastava Clerk at Jhansi. In this case the
Director agreed in principle and had allowed the opposite
party No.3 to take action at their own level.
Sri Aftab Ahmad prays for and is granted four weeks’ time to
file counter affidavit.
Rejoinder affidavit may be granted within a week thereafter.
List thereafter.
Meanwhile, it is provided that in case the petitioner is willing
to refund the benefits which were given to him by the
opposite parties as per his option to retire at the age of 58
years, he shall be allowed to continue to serve till he attains
the age of 60 years i.e. 31.1.2012.
Order Date :- 28.1.2010
RKM.