JUDGEMENT
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(1.)Leave granted.
(2.)All this batch of appeals involve similar questions of law and fact, therefore, they are disposed of by this common order.
(3.)All these respondents are the employees of the Uttar Pradesh Jal Nigam (hereinafter to be referred to as 'the Nigam') and they were retired on attaining the age of superannuation at 58 years. Some of them filed writ petitions in the High Court of Judicature at Allahabad challenging the retirement of the employees of the Nigam on attaining the age of 58 years whereas the State Government employees were allowed to continue up to the age of 60 years and therefore, they should also be allowed to continue up to the age of 60 years. The writ petitions filed before the High Court failed and against that Civil Appeal No. 7840 of 2002 and batch of other appeals were filed before this Court. This Court disposed of the case of Harwindra Kumar along with other appeals and held that employees of Nigam are entitled to continue up to 60 years. This has been 2005 13 SCC 300. The operative portion of the said judgment reads as under :
" 10. For the foregoing reasons, we are of the view that so long as Regulation 31 of the Regulations is not amended, 60 years which is the age of superannuation of government servants employed under the State of Uttar Pradesh shall be applicable to the employees of the Nigam. However, it would be open to the Nigam with the previous approval of the State Government to make suitable amendment in Regulation 31 and alter the service conditions of employees of the Nigam, including their age of superannuation. It is needless to say that if it is so done, the same shall be prospective.
11. For the foregoing reasons, the appeals as well as writ petitions are allowed, orders passed by the High Court dismissing the writ petitions as well as those by the Nigam directing that the appellants of the civil appeals and the petitioners of the writ petitions would superannuate upon completion of the age of 58 years are set aside and it is directed that in case the employees have been allowed to continue up to the age of 60 years by virtue of some interim order, no recovery shall be made from them but in case, however, they have not been allowed to continue after completing the age of 58 years by virtue of erroneous decision taken by the Nigam for no fault of theirs, they would be entitled to payment of salary for the remaining period up to the age of 60 years which must be paid to them within a period of three months from the date of receipt of copy of this order by the Nigam. There shall be no order as to costs."