LAL BAHADUR Vs. KRISHI UTPADAN MANDI SAMITI

JUDGEMENT

(1.) PETITIONER who stood superannuated from the post of Chowkidar in Krishi Utpadan Mandi Samiti, Roora Kanpur Dehat as Chowkidar on 30 -9 -2001 after at taining the age of 60 years, by means of the. present petition, has sought the relief of mandamus directing the respondents to pay. him the amount of C .P. F. due against the, services rendered by him.

(2.) THE background leading to the filing of the present petition is that the petitioner was sought to be retired at the age of 58 years and intimation to that effect was embodied in the notice dated 18 -6 -99. The petitioner, to begin with, represented to the authorities soliciting his continuance in service up to the age of 60 years and since repeated approaches and representations, did not yield any action, the petitioner instituted writ petition being writ petition No 41524 of 1999 in which the Hon. Court made interim order by which effect and operation of the impugned order dated 18 -6 -1999 was stayed. The causative factor for filing the present petition is that he has not been C. P. F. amount which has been approx mated to the tune of Rs. 75.000/ - on the premises that the petition filed by the petitioner was still pending in the Court.

(3.) THE learned counsel for the petitioner placed credence on Explanation to Rule 46(4) and submitted that Fundamental Rules have been suitably amended on 28th July, 1987 by means of the U.P. Fundamental (First Amendment) Rules, 1987 to the effect that all the persons who were appointed as Class IV employees prior to 5th Nov. 1985 would be allowed to work up to the age of 60 years. In the light of the above amendment, it is further canvassed that the petitioner was rightly allowed to continue in the service up to the age of 60 years and he is entitled to be paid the post retiral benfits calculable qua the retirement age of 60 years. In opposition, Sri M. P. S. Niranjan learned counsel appearing for the Opp. Parties, repudiated the arguments submitting that under the Rules the age of superannuation is pegged at 58 years. Reference in connection with the proposition propounded by the learned counsel, had been made to various decisions including ratio decidendi flowing from Writ Petition No. 6554 of 1986, Lalji Singh v. Director, Rajya Krishi Utpadan Mandi Parishad and others decided on 22 -2 -1996, Civil Misc. Writ Petition No. 196 of 2002 Dev Karan Singh v. Krishi Utpadan Mandi Samiti, Meharoani, Lalitpur and others decided on 4 - 1 -2002 and Civil Misc. Writ Petition No. 39550 of 2002 Satya Prakash Mishra v. Director Rajya Krishi Utpadan Mandi Parishad, Lucknow and others decided on 17 -9 -2002 in order to hammer home his contentions.