Ashok Bhushan, J. - (1.) HEARD Counsel for the petitioner. By this writ petition, the petitioner has prayed for quashing the order dated 28th November, 2006 in so far as petitioner is concerned. A writ for striking down Regulation 26 of the U.P. Project Corporation Service Regulations dated 27th October, 1986 has also been sought for. Further a mandamus has been sought commanding the respondent-Corporation to suitably amend Regulation 26 of the U.P. Project Corporation Ltd. Services Regulations fixing the age of retirement as 60 years bringing it in conformity with Fundamental Rule 56.
(2.) THE impugned order is an office order providing that employees mentioned in the order after attaining the age of 58 years shall attain the age of superannuation on different dates as mentioned in the order. Learned Counsel for the petitioner, challenging the order, contended that the age of retirement of the employees of the Project Corporation shall also be treated as 60 years in view of the amendment made by Uttar Pradesh Fundamental (Amendment) Rules, 2002 amending Rule 56 of the Financial Hand Book Vol. 2 Part II to IV. Learned Counsel for the petitioner submits that Regulation 26 of the Project Corporation Services Regulations contemplates extension of age of retirement with the approval of the State Government. Reliance has been placed on Regulation 68 to the effect that if any disability arises in giving effect to the provisions of these rules, the Board may by a general or special order, do anything not inconsistent with the provisions of Financial Hand Book Vol. 2 Part II to IV. The submission is that Regulation 68 envisages that action of the Corporation has to be in accord with the provisions of Financial Hand Book Vol.2 Part II to IV and the age of retirement of Government servant being extended to 60 years, the same benefit be also given to the petitioner. Learned Counsel for the petitioner further submits that since neither any steps have been taken nor any order under Regulation 68 has been passed by the respondents, the action is the respondents to arbitrary and discriminatory violating Article 14 of the Constitution of India. Learned Counsel for the petitioner has placed reliance on an interim order dated 29th September, 2005 passed in Writ Petition No. 63908 of 2005 by which a learned Single Judge has stayed the superannuation till 60 years. I have considered the submissions and perused the record.
(3.) SERVICE Regulations have been framed with regard to Corporation of which Regulations 26 and 68(1) have been relied by Counsel for the petitioner, Regulations 26 and 68 of the Regulations are extracted below : "(26) An employee shall ordinarily retire at the age of 58 years unless the Board, with the prior approval of the State Government, extends, the period of employment which in no case shall be beyond the age of 60 years." "68(1). If any disability arises in giving effect to the provisions of these rules, the Board may by a general or special order, do anything not inconsistent with the provisions of Financial Hand Book Volume 2 Part II to IV of the Government of Uttar Pradesh, which appears to it to be necessary or expedient for the purpose of removing the difficulty." From perusal of Regulation 26, it is clear that the age of retirement of an employee of Corporation is 58 years. The second part of the said regulation is an enabling provision enabling Board to extend the period of employment with the prior approval of the State Government, which shall not be beyond 60 years. Regulation 26 reading literally clearly mean that the age of retirement is fixed as 58 years with right to the Corporation to extend the said age with the approval of the State Government. The submission of the Counsel for the petitioner on the basis of Fundamental. Rule 56(a) also needs consideration Fundamental Rule 56 as amended in 2002 is as follows : "56(a). Except as otherwise provided in this rule, every Government servant shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years :;