- (1.) HEARD Shri R.K. Ojha, learned Counsel for the Petitioner.
(2.) THE Petitioner was serving as Assistant Engineer and was posted in Construction Division -29, U.P. Awas Evam Vikas Parishad, Sikandara, District Agra. He is challenging the notice given by the Deputy Housing Commissioner (Administration) dated 12.3.2010 informing him that in accordance with his date of birth recorded in the service records he will retire on superannuation on completing 58 years of age on 31.12.2010. Learned Counsel for Petitioner states that though Regulation 45 of U.P. Awas Evam Vikas Parishad (Condition of Service) Regulation, 1966 provides, that except Class IV employees, who will retire at the age of 60 years, all other employees of the Parishad will retire at the age of 58 years, Regulation 6 provides that wherever the regulations are not clear and if there is nothing to the contrary in the regulations, the general conditions of service applicable to the State Government employees with amendments made from time to time will regulate the service conditions of the employees of the Parishad.
(3.) IT is submitted by Shri R.K. Ojha that under F.R. 56 (a) was amended by the U.P. Fundamental (Amendment) Rules, 2002, w.e.f. 27.6.2002, applicable to the employees of the State Government extending the age of superannuation of all the Government servants from 58 years to 60 years. He submits that in view of Regulation 6 of the Regulations of 1966, the amendments made in Fundamental Rule 56 (a) will also apply to the employees of the Parishad. He has relied upon a judgment of Supreme Court in Harvindra Kumar v. Chief Engineer Karmik Civil Misc. Writ Petition No. 3449 of 2002 decided on November 18, 2005 reported in, 2006 ALJ 1 336.;