RAM CHANDRA MISRA Vs. STATE OF U P

JUDGEMENT

(1.) Petitioners of Civil Misc. Writ Petition Nos. 27196 of 2002 and Civil Misc. Writ Petition No. 20539 of 2002, Sri Ram Chandra Misra and Sri Bhavesh Misra are Apar Mukhya Adhikari in Zila Panchayat. Petitioners of Civil Misc. Writ Petition No. 29449 and 34752 of 2002 Dr. Mohan Lal Sharma, Dr. Brahm Pal Slngh Chauhan and Dr. Ram Kishan Gupta are Medical Officers of Zila Panchayat. All the five petitioners in the aforesaid writ petitions have challenged the notice of their retirement at the age of 58 years. All the petitioners belong to Central Transferable Cadre of Zila Panchayat. The contention of the petitioners is that the Government has enhanced the age of superannuation of the Government servants from 58 years to 60 years and they are also entitled to the benefit of the enhanced age of superannuation of the Government servants because of the Rules relating to their Cadre are silent about the age of superannuation and Rule 18 of the Rules specifically provides that in regard to the matters not specifically covered by the Rules applicable in their case, persons appointed to the Central Cadre shall be governed by Rules, Regulations and Orders applicable generally to the Government servants serving in connection with the affairs of the State. While the contention of the State and Zila Panchayat is that the members of both cadres, namely, Apar Mukhya Adhikari and Medical Officers are governed by Zila Parishad Service Rules, 1970, as amended by the U. P. Zila Parishad Service (VIIIth Amendment) Rules, 1979 and U. P. Zila Panchayat Officers (Central Transferable Cadre) Retirement Benefit Rules, 2001. Petitioners (Apar Mukhya Adhikari) mainly relied on U. P. Zila Parishad (Central Transferable Cadre of Apar Mukhya Adhikari) Rules, 1993 and the petitioners Medical Officers relied on U. P. Zila Parishad (Central Transferable Cadre) Rules, 1966 and U. P. Zila Parishad (Central Transferable Cadre of Apar Mukhya Adhikari) Rules, 1993. According to petitioners (Medical Officers), since U. P, Panchayat (Central Transferable Cadre) Rules, 1966 and U. P. Zila Panchayat (Central Transferable Cadre of Apar Mukhya Adhikari) Rules, 1993, do not provide the age of superannuation, therefore, the Rules with regard to retirement generally applicable to the Government servants shall also apply to the Medical Officers of Zila Parishad like Apar Mukhya Adhikari who also belong to the Central Transferable Cadre.

(2.) We have heard learned counsel for the petitioners and the learned standing counsel for State of U. P. and Zila Panchayat at length. Both State of U. P. and Zila Panchayat have filed counter-affidavits in the writ petition relating to Apar Mukhya Adhikari. Petitioners have filed rejoinder and supplementary affidavits.

(3.) The different provisions of U., P. Kshettra Panchayat and Zila Panchayat Act, 1961 (hereinafter referred to as the Act) are relevant before coining to the different Rules relied by the respective parties. Section 2 (12) of the Act is relevant which is as follows :