MANPHOOL Vs. U P JAL NIGAM

JUDGEMENT

(1.) Heard Ms.Savita Jain, learned counsel for the petitioner and Sri I.P.Singh, learned counsel for the respondents.

(2.) The petitioner in this writ petition is seeking a direction to the respondents to calculate his retiral dues treating his retirment age as 60 years' and also to pay him arrears of pension and other dues.

(3.) According to the avements made in the writ petition,' the petitioner was a Class IV employee in the U. P. Jal Nigam. It is stated that earlier the age of retirement was 58 years' but subsequently' by G.O. dated' 28.11.2001 it was enhanced to 60 years by the State Government' in all the departments of the State Government. A query was raised by the Jal Nigam as to whether the age of retirement of the employees of the Nigam would be 58 years or 60 years. The State Government through its letter dated 22.1.2002 informed the Nigam that age of the employees of the' Nigam' would be 58 years' and not 60 years and that the G.O. enhancing the age' to 60 years' would be applicable in the State Government and not in the Nigam. Certain employees raised their grievance with regard to age of retirement. The matter went upto the Supreme Court in the case of Harwindra Kumar vs. Chief Engineer, Karmik and others, 2005 13 SCC 300 and the Supreme Court by order dated 18.11.2005 directed the Nigam to continue the petitioner therein till he attains the age of 60 years i.e. on 30.8.2005. The State Government issued G.O. dated 8.12.2005 and 30.8.2005 enhancing the age of retirement from 58 years to 60 years for the employees, who were employed in the Local Self Government Engineering Department and were transferred to the U.P. Jal Nigam but so far as the employees, who were directly appointed in the U.P. Jal Nigam were concerned,' the age of retirement would be 58 years. In the judgment of Harwindra Kumar the Supreme Court has held that the age of retirement of Government' Servants employed under' the State of U.P. and who were transferred in the Nigam would remain 60 years and so far as the employees of the Nigam were concerned, liberty was given to the Nigam to make suitable amendment' in Regulation 31 of'' Uttar Pradesh Jal Nigam Employees (Retirement on the age of Superannuation) Regulations 2005.