BRAJ PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) S. N. Srivastava, J. The vexed question that puts forth itself for consideration in the instant petition is whether the employee of Municipal Corporation can claim right to retire at the age of 60 years in terms of Government order issued thereby enhancing the age of Government Servants from 58 years to 60 years.

(2.) PETITIONER in the instant case is indisputably serving in the Zila Panchayat Kannauj and he is aggrieved by the petitioner dated 6th March, 2003 impugned herein (Annexure 4 to the petition) by which he has been notified the date of retirement on 31-7-2003 on attaining the age of 58 years. The solitary plea taken in vindication of his stand is that the employees of the Zila Panchayat are Government Servant discharging Governmental functions and the Fundamental Rules applicable to the Government Servants may be applied to the petitioner and by this reckoning, he should be held to attain the age of superannuation at the age of 60 years. In this connection, the learned Counsel has referred to amendment in U. P. Fundamental Rules effected by means of notification dated 27th June, 2002 and in consequence, canvassed that anterior to Amendment in U. P. Zila Parishad Service Rules, 1979, the age of superannuation was 60 years and it was by means of the amendment in the Service Rules, 1979, the age of superannuation of the Zila Panchayat Employees was pruned to 58 years. In the context of reference to the above history of the Zila Panchayat Service Rules, the learned Counsel propounded that by reason of amendment in the Fundamental Rules by which the age of superannuation has been enhanced to 60 years, the Zila Panchayat Employees Rules should be deemed to be amended as a necessary corollary of the aforestated amendment in the Fundamental Rules. In opposition, the learned Standing Counsel representing the Opp. Parties contended emphatically that the Service Rules of Zila Parishad employees are still intact and have not been suitably amended and that the amendment in the Fundamental Rules cannot be imported for application in the case of Zila Parishad Service Rules, 1979. It is further contended that Zila Parishad is a Corporation and its servants cannot be equated at par with the Government Servants and by this reckoning also, the age of superannuation in the case of a Zila Parishad Employees is still pegged at 58 years.

(3.) AS a result of foregoing discussion, the petition fails and is accordingly dismissed. Petition dismissed. .