RAM BABU YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Ashok Khare, Senior Advocate, assisted by Sri Sheo Ram Singh and Sri Kuldip Singh Yadav for the petitioner, learned Standing Counsel for State-respondent and Sri Vijay Gautam, assisted by Sri B.K. Ojha for Non-Conventional Energy Development Agency, Vibhuti Khand, Gomti Nagar, Lucknow (hereinafter referred to as "NEDA").

(2.) It is contended that under Rule 11(2) of Non-Conventional Energy, U.P. (Service) Rules, 1989 (hereinafter referred to as "1989 Rules"), the age of retirement, as applicable to State Government employees was made applicable to the employees of NEDA and therefore in view of Fundamental Rule 56 providing age of superannuation as 60 years, petitioner is entitled to retire at the age of 60 years but by means of the impugned order, he has been retired at the age of 58 years.

(3.) Learned counsel appearing for NEDA submitted that Rule 11(2) was amended by the Executive Council, NEDA by its resolution dated 16.1.2008, circulated on 18.2.2008 and the age of superannuation has been prescribed as 58 years and, therefore, petitioner has been rightly retired on attaining the age of 58 years.