- (1.) We have heard Shri S.P. Sharma, learned Counsel for petitioner appellant. Learned Standing Counsel appears for the State respondents.
(2.) In this Special Appeal filed with delay of 227 days against the order dated 28.1.2010, it is submitted that after the interim order dated 28.1.2010, by which it was held that the petitioner was appointed on 18.1.1978 and is thus not entitled to the benefit of the Regulations of 2005 as erstwhile employees of Local Self Government Engineering Department appointed prior to 1975, will continue to keep the same terms of service as the government servant and will retire at the age of 60 years.
(3.) In Dayanand Chakrawarty v. State of UP and Ors. Writ Petition No. 1595 (SB) of 2009 along with bunch of writ petitions decided on 29.7.2010, a Division Bench sitting at Lucknow has held that there was no reasonable nexus and differentia to create the classification of employees by the Regulation of 2005, and same was also not published in gazette. It was published for the first time in the newspaper on 8th November, 2009. The Regulations 2005 were held to be ultra vires and discriminatory as per Articles 14 and 16 of the Constitution of India.;