R.A. Sharma, J. - (1.) Petitioners are employees of U.P. State Road Transport Corporation (hereinafter referred to as the Corporation), working in its Central Workshop at Kanpur. They have challenged the order passed by the Corporation retiring them from service at the age of 58 years. The grievance of the petitioners is that their age of retirement is 60 years and, as such, they cannot be retired on completion of 58 years.
(2.) The controversy raised in these writ petitions is covered by a decision of a Division Bench of this court dated December 14, 1992 in Special Appeal No. 91 of 1991, Lalta Prasad v. U.P.S.R.TC and Ors. For the reasons given in the above Special Appeal, these writ petitions are liable to be dismissed.
(3.) Learned counsel for the petitioners, in these cases, has, however, raised a new point, which was not raised in the Special Appeal mentioned above. Relying on Regulation 63 of the Uttar Pradesh State Road Transport Corporation Employees (Other than Officers) Service Regulations, 1981, submission of the learned counsel is that the employees of the Corporation, who were earlier working in U.P. Government Roadways Department can be retired at the age of 60 years only. Regulation 83, being relevant, is reproduced below: "83. Notwithstanding anything to the contrary contained in these Regulations, the service conditions, including the conditions relating to seniority, promotion, pay fixation, leave and retirement benefits, of the persons who were employees of the State Government in the U.P. Government Roadways Department shall not be inferior to the conditions before their absorption in the service of the Corporation and the provisions of G.O. No. 3414/30-2-170-N-77, dated July 5, 1972 shall apply.";