R.K.AGRAWAL, J. - (1.) THE present special appeal has been filed against the judgment and order dated 18.12.2001, passed by the learned single Judge wherein the writ petition filed by the appellant writ petitioner has been dismissed.
(2.) BRIEFLY stated the facts giving rise to the present special appeal are as follows : 'The appellant writ petitioner was an employee of U. P. Government Roadways. On 1stJune, 1972 U.P. State Road Transport Corporation, hereinafter referred as the Corporation was formed. The State Government vide Notification dated 5.7.1972 gave an assurance to all the employees of U.P. Government Roadways that those employees who have gone on deputation to the Corporation and they are absorbed their service conditions would not be changed. In August, 1982 the appellant writ petitioner was absorbed in the Corporation. The appellant writ petitioner has been made to retire on 31.12.2001 on attaining the age of 58 years. According to the appellant writ petitioner in the year 1972, the Certified Standing Orders of the Corporation provided the age of superannuation as 60 years and, therefore, he is entitled to continue in service till he completes 60 years of age. ' Before the learned single Judge, the appellant writ petitioner has relied upon the judgment passed in Civil Misc. Writ Petition No. 2755 of 1996, D.P. Malviya and Ors., decided on 29.8.1996, wherein this Court had been pleased to issue a direction that the order is subject to the decision of the Special Leave Petition pending in the Apex Court or till the petitioner attained the age of 60 years whichever is earlier.
(3.) THE learned single Judge found that the special leave petition has been decided against the petitioner and the petitioner has failed to demonstrate that he has a right to continue till the age of 60 years. The learned single Judge further held that there is no reason for entertaining the writ petition under Article 226 of the Constitution of India because of the fact that the petitioner has an alternative remedy by way of filing an appeal before the appellate authority contemplated under the provisions of the relevant Service Rules. Accordingly, the writ petition was dismissed.;