OM PRAKASH ASATI Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner herein, having qualified the B.E. examination, came to be appointed as Assistant Engineer, in the Local Self Engineering Department of the State of Uttar Pradesh, on 3.3.1974. The Uttar Pradesh Water Supply and Sewerage Act was enacted in 1975. The aforesaid enactment resulted in the creation of the Uttar Pradesh Jal Nigam (hereinafter referred to as, the Jal Nigam). In 1976 the services of the petitioner came to be allocated to the Jal Nigam, where the petitioner was absorbed against the post of Assistant Engineer, on regular basis. While in the employment of the Jal Nigam, the petitioner came to be promoted to the post of Executive Engineer, on 1.6.1996.

(2.) It is the claim of the petitioner, that on the eve of his attaining the age of 50 years in January 2001, his claim for retention in service was placed before a Screening Committee. The Screening Committee found the petitioner fit to continue in service. It is therefore, that the petitioner remained in the employment of the Jal Nigam beyond the age of 50 years. The instant stance adopted by the petitioner is seriously contested at the hands of the respondents. It is the assertion of the respondents, that the Screening Committee did not evaluate the claim of the petitioner for extension in service beyond the age of the 50 years, on account of the fact that a departmental inquiry was pending against him. The position adopted by the respondents in our considered view is wholly unjustified. Even after the culmination of the departmental proceedings, the petitioner was permitted to continue in service. It is therefore apparent, that the petitioner satisfied the standards adopted by the Jal Nigam, for continuation in service beyond the age of 50 years, and as such, his continuation thereafter must be deemed to have been with the implied approval of his employer, the Jal Nigam.

(3.) By orders dated 1.9.2005, several employees of the Jal Nigam, including the petitioner, were prematurely retired from service. The aforesaid order (pertaining to the petitioner) is available on the record of this case as Annexure P1. A perusal thereof reveals, that the retirement of the petitioner had been ordered, in exercise of powers emerging from the amended provisions of Fundamental Rule 56(c) of the Financial Handbook, Volume II (Parts II to IV). The instant provision is being extracted hereunder :