Court No. - 22 Case :- SERVICE SINGLE No. - 5241 of 2010 Petitioner :- Jitendra Kumar Dalela S/O Late Shanti Swaroop Dalela & Ors. Respondent :- State Of U.P. Thru Principal Secretary Nagar Vikas & Ors. Petitioner Counsel :- Savita Jain Respondent Counsel :- C.Sc..,I.P. Singh Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the petitioners and learned Standing Counsel as
well as learned counsel for the U.P. Jal Nigam.
Notice on behalf of opposite party no.1 has been accepted by the learned
Standing Counsel while notice on behalf of opposite parties no.2 to 6 has been
accepted by Sri I.P. Singh, who pray for and are granted four weeks’ time for
filing counter affidavit. Petitioner may file rejoinder affidavit within two
weeks thereafter.
List after expiry of the aforesaid period.
Submission of learned counsel for the petitioners 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 petitioners, therefore, the petitioners are 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 petitioners are 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 petitioners 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/-