Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 687 of 2010 Petitioner :- State Of U.P. & Ors. Respondent :- Pitamber Petitioner Counsel :- M.C. Chaturvedi Respondent Counsel :- A.B. Singh Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
After hearing of the parties, we are prima facie of the opinion that the
petitioner/respondent who is an employee of the District Rural
Development Agency is not a Government employee. However, we find
that by a notification dated March 17, 1994 the benefits in respect of the
matter is not covered by the Agency which conditions of service of
Government employees were made applicable to these employees.
At the relevant point of time the age of retirement was 58 years and the
Government increased the age of retirement to 60 years in 2001. By a
notification dated 9th March, 2004 it was sought to be clarified that the
age of retirement so far as these employees are concerned, would be
58 years.
Learned Standing Counsel to take instructions and show us the basis of
the authority of the State Government to issue notification to interfere
with the age of superannuation in respect of the employees of the
society to whom certain conditions of service have been made
applicable.
The matter to be treated as part heard.
The matter shall be listed on 10th August, 2010 in the additional cause
list along with Special Appeal No. (688) of 2010, (695) of 2010, 186 of
2010 and (703) of 2010.
(A.P. Sahi,J) (F.I. Rebello,CJ.)
Order Date :- 5.8.2010
Sahu