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 Abhikaran, 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 provide that the service conditions of the employees of Zila Gramya Vikas Abhikaran 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.) A perusal of the Government order dated 29.10.1983 speaks about the maximum age limit of the employees for appointment by direct recruitment in D.R.D.A. It provides that such directly appointed employees may be given all facilities to which a temporary Government servant is entitled. By notification dated 28.11.2001 the age of retirement of the Government employees was enhanced to 60 years. It reads as under : ...[VERNACULAR TEXT OMMITED]...;