- (1.) Heard Mr. Pankaj Kumar Awasthi, learned Counsel appearing for the Appellant and Mr. Ajai Kumar Singh, learned Counsel appearing for the U.P. State Industrial Development Corporation Limited.
(2.) This special appeal challenges the order passed by the learned Single Judge dated 26.7.2010, dismissing the writ petition filed by the Appellant-Petitioner, claiming the relief of retirement at the age of 60 years instead of 58 years.
(3.) Learned Counsel for the Appellant-Petitioner relying upon the unamended service rules submitted that the Appellant was entitled to be continued in service till the age of 60 years, as per clause-27 of the rules applicable in the matter of discharge on superannuation, which reads as under: Discharge on Superannuation The age of superannuation will be the same as is prescribed by the U.P. State Government for which is employees from time to time. On attaining this age of superannuation, an employee shall be discharged from service of the Corporation. In the case of officers employed on contract, the Board of Directors may waive the age of superannuation with the condition that in no case shall an employee go beyond the age of 60 years in the service of the Corporation. An employee of the Corporation shall be allowed the discretion to retire voluntarily after completing 20 years of continuous service or attaining the age of 50 years which ever is later.;