- (1.) This special appeal under the Rules of the Court arises from the order of the Hon'ble Single Judge dated 9.1.2007 granting interim stay order in writ petition No. 69927 of 2006 preferred by respondent No. 1.
(2.) It appears that respondent No. 1 filed the writ petition with the grievance that as per the decision of the appellant, he is entitled to continue in service till he attains the age of 60 years. Therefore, the following reliefs were prayed for : "I. Issue a writ, order or direction in the nature of mandamus declaring the petitioner's age of superannuation as 60 years and command the opposite party to permit him to work on the post of Assistant in "NOIDA" and to give all other subsequent benefits to which he is entitled till 31.12.2008 and not to retire him on 31.12.2006. II. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties not retire the petitioner at the age of 58 years and also not to interfere in his functioning till 31.12.2008. III. Issue a suitable writ, order or direction, which this Hon'ble Court may deem fit and proper on the facts and circumstances of the case to meet the ends of justice and fair play. IV. Award costs of this petition to the petitioner from the contesting respondents."
(3.) The Hon'ble Single Judge having heard the learned Counsel for the parties and having taken note of the fact that the appellate authority has itself recommended the enhancement of age of superannuation of its employees from 58 years to 60 years and the same is pending approval before the Cabinet, passed an interim order providing that the petitioner-respondent No. 1 shall be permitted to continue to work till the cabinet decision is taken.;