KAILASH CHANDRA VERMA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is an employee of Matsya Palak Vikas Abhikaran, which is a society registered under Societies Registration Act. The petitioner claims that since society has been founded and managed by officials of State Government, therefore, he is holder of civil post and is entitled to be governed by provisions i.e. Rules and Regulations framed under proviso to Article 309 of Constitution of India and in that view of the matter, since Fundamental Rule 56 has been amended by notification dated 28.11.2001, enhancing the age of superannuation from 58 years to 60 years, petitioner is entitled to continue till he attains the age of 60 years and cannot made to retire on attaining the age of 58 years.

(2.) In the context of another similar nature of Society, i.e. District Rural Development Agency, this issue has already been considered by a Division Bench in Special Appeal No.687 of 2010 (State of U.P. Vs. Pitamber). The Court formulated the following question:

(3.) Two more questions were formulated by this Court as under: