SHARWAN KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr. Sharwan Kumar (Inperson), Mr. Sudeep Seth, learned counsel for the opposite party No.6 & 7, Mr. Prashant Kumar learned counsel for the opposite party No.8, Mr. Shailesh Kumar, learned counsel for the opposite party No.3 as well as learned Standing Counsel and perused the record.

(2.) THROUGH the instant writ petition the petitoner has challenged the order dated 18th April 2011 (Annexure No.2) passed by the Director Institute of tool Room Training, U.P. (in short ITTUP) whereby the petitioner was said to be retired on 30.04.2011 as well as (Annexure No.1) whereby the petitioner has been relieved from service of the institute w.e.f. 30.04.2011 after noon and has further prayed for issuance of writ of mandamus commanding the opposite parties to allow him to cntinue till the age of 62 years as per recommendations of All India Counsil for Technical Education (in short AICTE) in alternatively to allow him to continue to the age of 60 years as per Government Order dated 25.08.2006, whereby the State Government has terminated the facility of option of pension and approved the age of retirement as 60 years. He has also sought the payment of salary on the basis of 5th and 6th Pay Commission. At last the petitoiner has also challenged the order dated 23.05.2013 passed by the Joint Director Industry cum General Manager (ITTUP), Lucknow whereby the petitoiners representation seeking his age of retirement as 62 years has been rejected in light of the rules framed by the ITTUP. The petitioner has also challenged the Institute of Tool Room training, U.P. (ITTUP) Lucknow employee service rules, 2006 (in short rules).

(3.) SHORN on unnecessary details, the facts which are material for adjudication of the present case are on 14th February 1983, the petitioner was appointed on the post of Senior Draftsman. On 05.04.1988, he was promoted to the post of Design Assistant. On 25.07.2003 he was transferred to another wing of ITTUP i.e. NOIDA - Greater NOIDA Wing placed at District Gautam Budh Nagar. ITTUP is a society registered under the Society Registration Act fully funded by the State Government.