Court No. - 23 Case :- SERVICE SINGLE No. - 4283 of 2010 Petitioner :- Syed Salar Masood Respondent :- State Of U.P.Through Its Prin. Secy. Nagar Vikas Lko.And Ors Petitioner Counsel :- Savita Jain Respondent Counsel :- C.S.C.,I.P.Singh Hon'ble Devendra Kumar Arora,J.
Heard Miss. Savita Jain, learned counsel for the petitioner and Shri
I.P. Singh for opposite parties no. 2 to 4.
By means of this writ petition the petitioner has challenged the
Office Order dated 4.2.2010, Annexure No. 1 to the writ petition,
by which he has been issued notice of superannuation on ataining
the age of 58 years as Regulation No.4 of the U.P. Jal Nigam
Karmchari (Adhivarshta par Sewanivrtti) Viniyamawali, 2005.
Shri I. P. Singh learned counsel for opposite parties no.2 to 4 prays
for and is allowed four weeks’ time to file counter affidavit.
Rejoinder affidavit, if any, may be filed within two weeks’
thereafter. List after expiry of the aforesaid period.
Submission of Miss. Savita Jain is that the petitioner is a Noter
Drafter working in U. P. Jal Nigam. A similarly situated employee
working in U.P. Jal Nigam had challenged his retirement order at
the superannuation age of 58 years in Civil Misc. Writ Petition
No.28355 of 2010 before this Court at Allahabad and the order
passed in that writ petition was challenged in Special Appeal No.
975 of 2010, wherein the Special Appellate Court by order dated
17.6.2010 has stayed the impugned order as well as the retirement
order and the petitioner-appellant was allowed to continue in
service with payment of salary until he attains the age of 60 years. It
is also submitted that the petitioner would also be entitled to get the
benefit of the said order passed in the said Special Appeal. Hence
the interim relief granted by the order dated 17.6.2010 to the
appellant in Special Appeal No. 975 of 2010 is extended to the
petitioner.
Order Date :- 29.6.2010
ashok