B S CHAUHAN Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner is an employee in District Rural Development Agency (hereinafter referred to as the 'DRDA'), which is a society registered under the Societies Registration Act, 1860 (hereinafter referred to as the "Act, 1860"). As per the existing provisions applicable to employees of DRDA the age of retirement is 58 years and, therefore, the employees are being retired on attaining the age of 58 years. In Fundamental Rules 56 an amendment was made in exercise of power under proviso to Article 309 of the Constitution changing age of retirement from 58 to 60 years. The employees of DRDA claiming that DRDA is a society managed by State Government officials and, therefore, is an instrumentality of the State, hence is covered by Article 12 of the Constitution. That being so, the employees of DRDA are holders of civil posts and the Rules, applicable to government employees, are applicable to them hence with the enhancement of age of retirement vide Fundamental Rule 56, they are also entitled to continue up to the age of 60 years.

(2.) THIS issue came to be considered by a Division Bench of this Court in Special Appeal No.687 of 2010 (State of U.P. Vs. Pitamber). The Court formulated the following question: "Whether employees of DRDA are Government employees and are holding civil post in the civil service of State to make applicable Fundamental Rule 56".

(3.) ANSWERING the above questions, in paras 16 and 17, the Division Bench said in its judgment dated 19.08.2010 as under: