GIRISH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) -Heard Sri S. K. Pundir, learned counsel appearing on behalf of the petitioner and learned standing counsel for respondent No. 1 as well as Sri M. K. Kushwaha, learned counsel for respondents 2 to 4.

(2.) BY means of present writ petition under Article 226 of the Constitution of India, the petitioner is seeking a writ of mandamus commanding the respondents not to retire him before attaining the age of 60 years. He has also challenged notice dated 13.10.2006, issued by the Managing Director, U. P. State Bridge Corporation Ltd., Lucknow thereby informing the date of retirement of the petitioner as 30.4.2007 on attaining the age of 58 years.

(3.) HAVING heard learned counsel appearing on behalf of the parties and perusing the records, in our view, no relief as prayed for by the petitioner can be granted to him. Admittedly, under the existing rules applicable to the employees of the U. P. State Bridge Corporation Ltd., the age of retirement is 58 years only. Moreover, para 703 of the Manual, which is sought to be relied upon by the petitioner also does not help him for the reason, it provides that the Establishment rules applicable to the employees of the State Government, will generally be applicable to the employees of Bridge Corporation with certain amendments as may be notified by the Bureau of Public Enterprises for all public undertakings from time to time. It also provides that some changes have been made in these rules to meet out the requirement of working conditions in the Corporation. Thus a bare reading of para 703 of the aforesaid Manual shows that only the rules of the State Government on the subject over which otherwise provisions have not been made by the Corporation would apply and where the specific provisions have been made by the Corporation in respect of the employees, the said provisions will prevail. Admittedly under Regulation 43, which is said to have been framed and communicated to the employees of the Corporation vide Managing Director's letter dated 6.7.2006, the age of retirement of the employees of the U. P. State Bridge Corporation Ltd. is only 58 years. Therefore, the petitioner cannot be allowed to continue till the age of 60 years.