Court No. - 22 Case :- SERVICE SINGLE No. - 5067 of 2010 Petitioner :- Ghanendra Kumar Gupta Respondent :- State Of U.P.Through Principal Secy.Nagar Vikas Lucknow Petitioner Counsel :- Vivek Raj Singh Respondent Counsel :- C.S.C.,I.P.Singh Hon'ble Satyendra Singh Chauhan,J.
(C.M. Application No.75996 of 2010)
Heard learned counsel for the petitioner and learned Standing Counsel as well
as learned counsel for the U.P. Jal Nigam.
This is an application for interim relief in terms of order dated 26.7.2010.
Submission of learned counsel for the petitioner is that U.P. Jal Nigam
Karamchari (Adhivarshita Par Seva Nivarti) Viniyamawali, 2005 (for short
“the Regulation of 2005”) has been declared to be ultra vires by a Division
Bench of this Court in Writ Petition No.1595 (SB) of 2009. It is submitted
that after quashing of the aforesaid Regulation, there is no Rule prescribing
the age of retirement of the petitioner, therefore, the petitioner is to be retired
keeping the parity with the State Government employees as the age of
retirement has been accepted by the U.P. Jal Nigam in principle before the
promulgation of Regulation, 2005.
In view of the judgment of the Division Bench, the petitioner is entitled to
continue up to the age of 60 years provided any order is passed by the Apex
Court in this regard, which would bind the parties.
Considering the aforesaid fact, the petitioner shall be allowed to continue in
service till the age of 60 years or any order passed by the Apex Court,
whichever is earlier.
Order Date :- 30.7.2010
RBS/-