(1.) These batch of writ petitions raises a challenge to the amendment brought in the Uttar Pradesh Public Services (Tribunal) Act, 1976 (hereinafter referred to the Principal Act) by means of Uttar Pradesh Public Services Tribunal Amendment Act No.4 of 2017 (hereinafter referred to the Amending Act of 2017) by which Section 3 sub-section (8) of the Principal Act has been amended. Prior to the Amending Act of 2017, the Principal Act, provided that the Chairman, Vice-Chairman or Members shall not hold office after attaining the age of 70 years in the case of Chairman and 65 years in the case of Vice-Chairman or any other members. However, by means of Amending Act 2017, this age of superannuation has been reduced to 65 years in the case of Chairman and 62 years in the case of Vice-Chairman or any other members.
(2.) Another sub-section (8-c) has also been introduced by the Amending Act of 2017 whereby it provides that the provisions of sub section (8) as amended by Amendment Act of 2017 shall also apply to the Chairman, Vice-Chairman or Member holding office on date of the commencement of the said Act.
(3.) For clarity the provision of Section 3 (8) as it stood prior to the enactment of the Amending Act No.4 of 2017 and after its amendment is being reproduced here-in-after:-
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