STATE OF UP Vs. KRISHNA MOHAN LAL

JUDGEMENT

(1.) HEARD Dr. Y.K. Srivastava, learned Counsel for the appellant and Sri Ashok Khare, learned Senior Advocate assisted by Sri A.B. Singh for the respondent.

(2.) THIS special appeal has been filed against the judgment and order of the Hon'ble Single Judge dated 2.2.2010 by which order, the writ petition filed by the respondent challenging the order dated 13.1.2010, by which the respondent was asked to retire after completion of the age of 58 years, has been allowed.

(3.) SRI Ashok Khare, learned Counsel appearing for the respondent tried to distinguish the Division Bench judgment relying on clause (9) of the Government order dated 17/3/1994, which was earlier issued by the State providing that those matters which are not covered by the Government order dated 17/3/1994 or special orders issued by the State shall be regulated by the orders applicable to the employees of the State Government. Learned Counsel for the respondent submitted that by virtue of said clause (9) of the Government order dated 17/3/1994, the age of retirement which is 60 years for the State Government employees, should also govern the employees of the DRDA.