S.P.Mehrotra, J. - (1.) THE petitioner has filed the present writ petition under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 12.1.2009 (Annexure No.1 to the writ petition) whereby the petitioner has been retired at the age of 58 years from the post of Assistant Project Engineer(Electrical and Mechanical) with effect from 31.1.2009.
(2.) FROM the averments made in the writ petition, it appears that the petitioner was initially working as a Junior Engineer in the office of the respondent No.2(New Okhla Industrial Development Authority - in short "Authority") on work basis with effect from 16.11.1976. By the order dated 9.10.1984 service of the petitioner was regularised on the said post. A copy of the order dated 9.10.1984 has been field as Annexure No.2 to the writ petition. Clause (ii) of paragraph (2) of the said order dated 9.10.1984 provided that the petitioner "will be governed by the rules and regulations of the Authority made from time to time". It further appears that the petitioner was promoted to the post of Assistant Project Engineer(Electrical and Mechanical) by order dated 9.6.2006, a copy whereof has been filed as Annexure No.3 to the writ petition. When the petitioner was working on the post of Assistant Project Engineer(Electrical and Mechanical), the impugned order dated 12.1.2009 was issued, inter alia, stating that the petitioner would retire with effect from 31.1.2009 on completing the age of superannuation, namely, 58 years. A copy of the said order dated 12.1.2009, as already mentioned, has been filed as Annexure No.1 to the writ petition.
(3.) AGAINST the said order dated 12.1.2009, the petitioner has filed the present writ petition claiming reliefs as mentioned above. We have heard Sri Nagendra Pratap Singh, learned counsel for the petitioner, Sri Ramendra Pratap Singh, learned counsel for the respondent No.2 and learned Standing Counsel appearing for respondent No.1, and perused the record.;