MOHD SHAMIM Vs. STATE OF U P

JUDGEMENT

(1.) Impugned herein is the retirement notice dated February 15, 1995 whereby the petitioner was notified that he would be attaining the age of 55 years on April 1, 1995 and consequently, retiring from the service of the company with effect from April 2, 1995 in accordance with the Standing Orders of the Company. According to the petitioner, who had been serving articles to the department of electrical maintenance in the Factory of the 3rd respondent, the certified Standing Orders of the Company do not provide for superannuation which according to the petitioner, is governed by the Model Standing Orders framed by the State Government of Uttar Pradesh vide Notification No. 2651/XXXVI-3-5(SC)-85 dated July 24, 1992 (Annexure 3) thereby prescribing 58 years as the a ge of superannuation. Accordingly, the petitioner has sought the relief for issuance of a writ in the nature of certiorari quashing the retirement notice dated February 15, 1995 and further a writ of mandamus directing the respondents 3 and 4 to treat the petitioner on duly entitled to all monetary benefits.

(2.) The respondent-company was initially known as Great Eastern Electro Plating and in 1969, it was rechristened as M/s Geep Flash Light Industries Ltd. and on September 8, 1979, the company again underwent a change of name and came to be known as Geep Industrial Syndicate Ltd. Allahabad arrayed as party respondent No. 3.

(3.) The learned Counsel appearing for the petitioner canvassed that the certified Standing orders of the Company do not prescribe any age of superannuation which has been prescribed for the first time by the Model Standing Orders formulated by the Govt. of Uttar Pradesh vide notification aforestated. The learned counsel appearing for the respondent on the other hand, submitted that the superannuation being a termination of service on attaining a certain age, the provisions of Certified Standing Orders 25 would be attracted.