Yashoda Nandan, J. - (1.) The petitioner is an employee of Ksbettra Samitis and Zila Parishad, At the time of his recruitment according to the Rules then applicable to him his age of superannuation was 60 years. By means of the impugned notification Rules have been framed in exercise of powers under Section 237 of the U.P. Kshettra Samitis and Zila Parishads Adhiniyam, 1961 (hereinafter referred to as the Act) reducing the age of superannuation of an employee of Zila Parishad to 58 years.
(2.) Leaned counsel appearing for the petitioner contends that since the rules have not been laid before the Houses of the State Legislature as required by Section 237, sub-section (3) of the Act they have not come into force and become effective and cannot operate so as to reduce the age of superannuation which was applicable to him when he entered service. Sub-section (1) of Section 237 runs as follows : "The State Government may be notification in the Gazette make rules consistent with this Act in respect of any matter or matters for which the power of making rules is expressly or by implication, confessed by the Act, and may also make rules which are otherwise requisite for carrying out the purposes of this Act."
(3.) Reliance has been placed by the learned counsel for the petitioner on sub-section (3) of Section 237 which is in the following terms:- "All rules made under this Act shall, as soon as may be after they are made be laid before each House of the State Legislature while it is in session for a total period of thirty days extending in its one session or more than one successive sessions, and shall, unless some later date is appointed, take effect from the date of their publication in the Gazette, subject to such modifications or annulments as the two houses of the State legislature may during the said period agree to make, so however that any such modification or annulment shall be without prejudices to the validity of anything previously done thereunder.";