STATE OF UTTAR PRADESH Vs. DAYANAND CHAKRAWARTY

JUDGEMENT

(1.) These appeals Nos. 5527 of 2012, 5528 of 2012 and 5617-5659 of 2012 (arising out of SLP(C) Nos.31279 of 2010, 35579 of 2010, 5218-60 of 2011) have been preferred by the State of Uttar Pradesh and others against the common judgment dated 29th July, 2010 passed by the Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow in Writ Petition (C) No.1595(S/B) of 2009 etc.etc. whereby the High Court declared Uttar Pradesh Jal Nigam Employees (Retirement on attaining age of superannuation) Rules, 2005 which have created two separate age of retirement amongst same classes of employees discriminatory and unconstitutional and held that the employees of the Jal Nigam are entitled to continue in service upto the age of 60 years with further directions to pay 20% of back wages to those writ petitioners who in the meantime were forced to retire on attaining the age of 58 years in absence of any interim order in their cases.

(2.) The questions involved in these appeals are:

(3.) The factual matrix of the case are as follows: