- (1.) This writ petition has been filed under Article 226 of Constitution of India assailing notice dated 29.10.2013 (Annexure 16 to the writ petition) issued by Chief Executive Officer, Bhadohi Industrial Development Authority (hereinafter referred to as 'BIDA') informing petitioner that he would attain age of superannuation of 58 years and would retire on 31.03.2014 as provided in Fundamental Rule 56.
(2.) Petitioner was appointed as Assistant Architect by letter dated 17.03.1983. BIDA is a Development Authority constituted under U. P. Industrial Area Development Act, 1976 (hereinafter referred to as 'Act 1976). For governing service conditions of employees of BIDA, Regulations were framed under Section 19 of Act, 1976 namely Bhadohi Industrial Development Authority Service Regulations, 1988 (hereinafter referred to as 'Regulations 1988).
(3.) Regulation 25 deals with age of superannuation of employees of BIDA and reads as under : "25. The age of superannuation will be the same as is prescribed by the State Government for its employees from time to time. On attaining the age of superannuation, an employee shall be discharged from the service of the Authority provided that with the prior approval of the State Government, the Authority may in exceptional circumstances and for every special reason, upon the recommendation of the Chief Executive Officer, grant extension of service to any employee beyond the age of 58 years, provided that no such extension will be beyond the age of 60 years. An employee of the Authority shall be allowed the discretion to retire voluntarily from service on attaining the age of 50 years or completing twenty years of service whichever falls later." (emphasis added);