Rakesh Tiwari, J. - (1.) The moot point for consideration in this bunch of writ petitions is whether the employees of the U.P. Jal Nigam are entitled to enhancement in their age of superannuation from 58 years to 60 years, at par with U.P. Government servants by virtue of Government Order No. 1098/Ka-1/2001, Lucknow dated 28th November, 2001.
(2.) The background of the controversy has its roots in the enactment of the U.P. Water Supply and Sewerage Act, 1975. The petitioners were employees in the Local Self Government Engineering Department of the U.P. Government. On enactment of the U.P. Water Supply and Sewerage Act, (U.P. Act No. 43 of 1975) as amended by U.P. Acts No. 10 of 1978, U.P. Act No. 28 of 1978 and U.P. Act No. 5 of 1984, the U.P. Jal Nigam came into existence and by virtue of Section 3 of the Act, the Nigam is body corporate.
(3.) The contentions of the petitioners are that : (i) Under Section 37 of the U.P. Water Supply and Sewerage Act, 1975, the service conditions of the petitioners stood preserved as that of a Government servant subject to making of rules by the U.P. Jal Nigam. (ii) Since neither the U.P. Jal Nigam has framed any rules nor rules have been framed by the State Government changing the service conditions of the petitioners, hence their service conditions remain the same as applicable to Government Employees, and they are to be retired at the enhanced age of superannuation, i.e., 60 years and not 58 years. (iii) The retirement of the petitioners had so far been governed by Rule 56A of U.P. Financial Handbook and they were being retired at the age of 58 years as per unamended Rule 56A, but by virtue of Government order dated 28.11.2001 (supra), issued by the Governor of U.P., the age of retirement of Government servants was enhanced from 58 years to 60 years. Hence their age of retirement is 60 years, even though necessary amendments in Rule 56A have to be carried out in due course of time.;