Rakesh Tiwari - (1.) -Heard counsel for the petitioner and the standing counsel for the respondents.
(2.) THIS writ petition has been filed challenging the validity and correctness of the impugned order dated 1.7.2004 (Annexure-1 to the writ petition). By the order he was informed that he would retire w.e.f. 31.7.2004 on attaining the age of superannuation, i.e., the age of 58 years in pursuance of Government order dated 9.3.2004 and the directions contained in a letter of respondent No. 2 dated 26.3.2004 (Annexure-3 to the writ petition). The service conditions of the employees of each Zila Gramya Vikas Adhikaran, i.e., the District Rural Development Agency (hereinafter called as D.R.D.A.) are regulated by the service rules framed under Article 309 of the Constitution. Rule 12 of the Rules provides that the service conditions of the employees of Zila Gramya Vikas Adhikaran shall be the same as that of the State Government employees. The State Government by a policy decision reduced the age of superannuation of its employees working in D.R.D.A. from 60 to 58 years as is evident from the letters of the Joint Secretary, Government of U. P., Lucknow, dated 9.3.2004 and that of the Commissioner, Gramya Vikas, U. P., Lucknow, dated 26.3.2004. It is submitted by the counsel for the petitioner that the date of birth of the petitioner being 12.6.1945 he has already completed 58 years of age on 12.6.2003. It is further submitted that under the rules the petitioner is entitled to be deemed in service up to the age of 60 years. The petitioner would accordingly retire from service on 30.6.2005, if the age of superannuation is treated as 60 years. It is urged that since he has already worked beyond the age of 58 years as such he may be permitted to continue to work up to the age of 60 years in view of the Government order, dated 29.10.1983. The Government order reads as under : ...[VERNACULAR TEXT OMMItED]...
(3.) FROM a perusal of the impugned order dated 18.5.2004 it is clear that the Commissioner had informed that in view of Government order dated 9.3.2004 the age of retirement of the employees directly recruited in the Zila Panchayat Vikas Abhikarans is 58 years. Admittedly there are no rules governing the service conditions of the petitioner and therefore the executive instruction would not be binding upon the petitioner. Moreover the notification dated 28.11.2001 has not been adopted by the D.R.D.A. Chitrakoot, as such the employees of the D.R.D.A. would continue to be retired at the age of 58 years and therefore the age of retirement of the employees of District Rural Development Agency would be 58 years. The petitioner has not filed his appointment letter alongwith the writ petition and there is nothing on record to show that he is a Government employee. The letter of the Commissioner (respondent No. 2) is the communication of the Government order aforesaid. The D.R.D.A. Lucknow is neither State within the meaning of Article 12 of the Constitution nor is an instrumentality of the State. He is an employee of the society. It is alleged that the salaries of its employees are paid from the joint account of the Project Director and the Commissioner Gramya Vikas. It is further submitted that though the D.R.D.A. is registered under the Societies Registration Act, the officers of the State are appointed in the D.R.D.A. and the District Magistrate is its ex-officio President ; that the Government of U. P. has framed service rules under Article 309 of the Constitution. Rule 12 of the rules provides that the service conditions of the employees of the D.R.D.A. shall be the same as of the employees of the State Government. It is also stated that the rule has not been amended till date and the retirement age has also not been changed ; that the earlier Government order dated 28.11.2001 fixed the retirement age of the employees at 60 years in place of 58 years which has also not been changed and in this view of the matter the petitioner is entitled to the benefits of service rules as the State of U. P. vide circular dated 17.3.1994 made the service conditions of the employees of D.R.D.A. at par with the State employees granting the same benefits as are granted to the State employees.;