Arun Tandon, J. - (1.) Petitioner was appointed as Manyata Nlrikshak in the Niyantran Board constituted under the Uttar Pradesh Mahila Sansthan and Bal Sansthan Adhiniyam 1956 and Rules framed thereunder, under Mahila Evam Vikas Vibhag , department of the State Government. The petitioner is aggrieved by a notice dated 4.5.2005 whereunder it has been recorded that the petitioner would attain the age of 58 years on 30.11.2005 and shall, therefore, retire from the said date. In the impugned notice dated 4.5.2005 it has further been recorded- that the State Government has turned out the request of the Secretary, Mahila Evam Bal Vikas Vibhag, Uttar Pradesh for fixing the age of retirement of its employees as sixty years i.e. at par with the other government employees on the ground that the amendment in the fundamental rules with regards in age of retirement of Government Servant is not attracted in respect of the employees of Uttar Pradesh Niyantran Board. On behalf of the petitioner it is contended that the aforesaid notice proceeds on non .application of mind to the service rules applicable.
(2.) On behalf of the respondents Standing Counsel has submitted that since the State Government has not taken any decision to increase the age of retirement of the employees of Uttar Pradesh Niyantran Board from 58 years to 60 years 89 apparent from the letter of Special Secretary dated 24.11,2003 (Annexure counter affidavit-1), the impugned order does not call for any interference.
(3.) The service conditions of the petitioner and other similarly situate employees of Niyantran Board are regulated by the service rules known as Prashasnik Board Ke Karmchariyon Ki Seva Niyamavali, 1977 (hereinafter referred to as Service Rules of 1977) . The aforesaid service rules have been framed in exercise of powers under Section 14 of the Uttar Pradesh Mahila Sanstha Thatha Bal Sanstha (Niyantran) Adhiniyam, 1956 read with Rule 15 of the Uttar Pradesh Mahila Sanstha Thatha Bal Sanstha (Niyantran) Niyamavali. It is stated that under Rule 27 of the aforesaid Service Rules the age of retirement of the employees covered by the aforesaid Service rules has been provided as follows : Rule 27- Seva Nivrit:- Rajya Sarkar Dwara Rajklya Karmhariyon Ke Liye Samay Samay Per Nirgat Kiya Gaye Seva Nivrit Aadesh Board Ke Karmcharfyon Per Lagoo Honge.;