- (1.) OUR attention is invited to the judgment dated 29th of July, 2010 passed by a Division Bench of this Court, sitting at Lucknow, in Writ Petition No. 1595 (SB) of 2009 Dayanand Chakrawarty v. State of U.P. and Ors. and other petitions. The learned Bench in the said judgment has taken the view that the age of retirement of employees of the Jal Nigam will be sixty years for the reasons set out in the judgment.
(2.) IT was sought to be pointed out to us by the learned Counsel appearing for the Jal Nigam that Regulation 97 had not been considered which does not require publication. That may be so but what we find is that the learned Bench at Lucknow has referred Section 37, which reads as follow: 37. Transfer of employees to Nigam. (1) Save as otherwise provided in this section every person, who was employed in the Local Self Government Engineering Department of the State Government shall on and from the appointed date become employee of the Nigam and shall hold his office or service therein by the same tenure, at the same remuneration and upon same other terms and conditions, and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same on the appointed date if this Act has not come into force, and shall continue to do so until his employment in the Nigam is terminated or until his remuneration or other terms and conditions of services are revised or altered by the Nigam under or in pursuance of any law or in accordance with any provision which for the time being governs his service.
(3.) A perusal of the aforesaid Section clearly shows that insofar as the employees who have been transferred to Nigam, their tenure has to be the same and they are entitled for all benefits.;