NARENDRA SINGH VERMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THE petitioner was admittedly earlier an employee of the U.P. State Seed Certification Agency (hereinafter referred to as the U.P. Agency). Consequent upon the reorganisation of the composite State of Uttar Pradesh, the petitioner was allocated to the Uttarakhand State Seed Certification Agency (hereinafter referred to as the Uttarakhand Agency).

(2.) DURING the employment of the petitioner with the Uttarakhand Agency, the State Government issued a Government Order dated 10.01.2002, revising the age of retirement for Government servants from 58 years to 60 years. The Uttarakhand Agency also allegedly framed the Uttarakhand State Seed Certification Agency Rules, 2005 (hereinafter referred to as the Rules of 2005), wherein the age of retirement on superannuation was also changed from 58 years to 60 years. Based on the Government Order dated 10.01.2002 and the Rules of 2005, the petitioner, who was sought to be retired on attaining the age of 58 years on 31.07.2007, raised a challenge to the determination of the Uttarakhand Agency, firstly, before this Court, and thereupon in furtherance of directions issued by this Court, before the Public Services Tribunal, Uttarakhand, by filing Claim Petition No. 46 of 2007. The aforesaid Claim Petition was however dismissed by the Public Services Tribunal, vide its order dated 15.09.2009. The order dated 15.09.2009, rendered by the Public Services Tribunal, dismissing Claim Petition No. 46 of 2007 filed by the petitioner, has been impugned before this Court through the present writ petition.

(3.) INSOFAR as the second contention is concerned, the claim of the petitioner is based on the Rules of 2005. INSOFAR as the aforesaid Rules of 2005 are concerned, it is the contention of the learned counsel for the respondents, that the aforesaid Rules have not been finally approved by the State Government, and as such, the same are only in the nature of draft Rules. It is submitted by the learned counsel for the respondents, that even till date, the aforesaid Rules have not been approved and their status as draft Rules continues even now.