BHAGWATI PRASAD TEWARI Vs. STATE OF U P

JUDGEMENT

(1.) In both these petitions common questions of law and fact are involved. They were, therefore, heard together and are being disposed of by this common judgment.

(2.) By means of these petitions, under Article 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to adopt the provisions of Fundamental Rule 56 as amended upto date by the Government of India in regard to government service of State of U. P. Prayer for issuing a direction to the State Government to enforce its resolution passed in the year 1988 contained in Annexure-10 to the writ petition, in regard to the parity of pay and allowances to the employees of the State Government holding equivalent posts and also in regard to the age of retirement of the said employees, i.e., 60 years and prayer for mandamus restraining the respondents from retiring the petitioners before they attain the age of 60 years have also been made.

(3.) Bhagwati Prasad Tewari petitioner in Writ Petition No. 3215 (S/S) of 1998 is serving as Sub-Inspector of Police (Road Transport) white Raghu Raj Singh, petitioner in Writ Petition No. 3219 (S/S) of 1998 is serving as Chief Pharmacist in the District Hospital. Gonda. Both these petitioners are holding class III posts of State of U. P. Since the petitioners were at the verge of their retirement, they were, therefore, by means of notices dated 19.1.1998 and 19.6.1998 respectively intimated by the competent authorities that they shall retire on 31st of July. 1998 on attaining the age of 58 years, counting from their dates of births as recorded in their service records. They were also called upon to fulfil and complete the formalities for receiving the pension. On receipt of the said notice, petitioners have filed the present writ petitions for the reliefs noted above.