- (1.) In these three connected writ petitions the association of officers and employees of the U.P. State Food and essential Commodities Corporation Ltd. (in short the Corporation) represented by Shri Rajendra Kumar Verma in Writ petition No. 39797 of 2007; Shri Jagvir singh serving as Incharge District Accounts Officer, Badaun in Writ Petition No. 33859 of 2007, and Shri Awadhesh Narayan Mishra serving as District Incharge, Allahabad with additional charge of District Incharge, Bahraich, have prayed for directions to quash the Government Order dated 30.7.2007 by which the State Government has in pursuance to the Government Order dated 25th July, 2002 issued by Public Sector Enterprises communicated to the Managing Director of the Corporation that his proposal for increasing the age of retirement of employees of the Corporation from 58 to 60 years was not found acceptable.
(2.) The petitioners have prayed for directing the respondents not to retire them, until they attain the age of 60 years, on the ground that the State government has amended Fundamental Rule 56 of the Financial Handbook Vol. 2 paras II to IV vide notification dated 27th June, 2002, in exercise of its powers under the proviso to Article 309 of the Constitution of India increasing the age of superannuation of all the State Government servants from 58 to 60 years. In the 20th adjourned meeting of the Board of Director of the Corporation held on 10.1.1979 at 17 Gokhale Marg, Lucknow it was decided at Item No. 16 that the orders of the Public enterprise Bureau of the Government and the recommendations made by it will automatically apply to the Corporation. The petitioners have also claimed discrimination in retiring them at the age of 58 years, whereas the employees of the State Government have been extended the benefit of superannuation at 60 years.
(3.) In all these three writ petitions the Court granted interim orders directing that since the State Government has not taken any decision on the letter of the Chairman, there is no reason as to why the age of superannuation in the Corporation should continue to remain 58 years, whereas the age of superannuation in the State Government is 60 years and in the Universities 65 years. The Court was of the prima facie opinion that for the laxity on the part of the State Government the petitioners/members should not suffer and directed that the respondents to continue the petitioner in service till they attain the age of 60 years and to pay their salary.;