BEHARI LAL Vs. STATE OF U P

JUDGEMENT

(1.) DEVI Prasad Singh, J. Since, common question of law and facts are involved in both the writ petitions, with the consent of parties' Counsel, I proceed to decide both the writ petitions finally by a present common judgment.

(2.) PETITIONER of Writ Petition No. 4216 (SS) of 2005 was initially appointed on the post of Junior Clerk/typist and thereafter he was promoted to the post of Assistant Grade II in the U. P. Scheduled Caste Finance and Development Corporation Limited and petitioner of Writ Petition No. 4711 (SS) of 2005 has been working as Assistant Manager in the U. P. Scheduled Caste Finance and Development Corporation Limited, have approached this Court under Article 226 of the Constitution of India with the grievance that they are entitled to continue in service up to the age of 60 years.

(3.) LEARNED Counsel for the petitioner further proceeded to submits that under Rule framed for the employees of the U. P. Schedule Caste Finance and Development Corporation Ltd. (in short hereinafter referred as Corporation) namely; Service Rules for Employees of U. P. Scheduled Caste Finance and Development Corporation Ltd. , Lucknow 1983-84 (in short hereinafter referred as the Rule), the age of superannuation has been made at par with the U. P. State Government employees. For convenience Rule 25 of the Rule is reproduced as under : "discharge on superannuation.- The age of superannuation will be the same as is prescribed by the U. P. State Government for its employees from time to time. An employee of the Corporation shall be allowed the discretion to retire voluntarily after completing 20 years of continuous service or attaining the age of 50 years whichever is later. "