Court No. - 38 Case :- WRIT - A No. - 36701 of 2010 Petitioner :- Shujauddin Siddiqui Respondent :- State Of U.P. And Others Petitioner Counsel :- Azad Khan Respondent Counsel :- C.S.C.,Anubhav Shukla Hon'ble Pankaj Mithal,J.
The petitioner is a Class-III employee of Uttar Pradesh Jal Nigam.
His prayer in the Writ Petition is that he should be allowed to
continue in service till he attains the age of 60 years.
In Writ Petition No. 3122 of 2010, Amar Nath Mishra Vs. State of
Uttar Pradesh and others, this Court after elaborately considering
earlier interim orders passed in respect of various categories of
employees of the Uttar Pradesh Jal Nigam observed that a Class-
III employee is not entitled to the benefit of any of the interim
orders which permit continuation of service beyond 58 years since
the services of the Class-III employee are governed by the
Regulations which have been framed in the year 2005, and the said
Regulations have already been published as observed in one of the
interim orders dated 12.11.2009. It further observed that as the
matter is yet to be resolved by the Division Bench as mentioned in
the order dated 11.01.2010, the writ petition be listed after
exchange of necessary affidavits.
In the above view of the matter, let this writ petition be also
connected with Writ Petition No. 3122 of 2010 as referred to
above.
Learned Standing Counsel as well as Sri Amit Dubey who has
accepted notice on behalf of jal Nigam may file counter affidavit
in the meantime.
It is, however, provided that in case the petitioner’s succeeds in the
writ petition, he shall be entitled to full salary and all benefits of
working till the attainment of the age of 60 years irrespective of
the fact whether he has worked after attaining 58 years of age or
not.
Order Date :- 25.6.2010
vinay