U.P. Jal Nigam Employees (Retirement on the age of Superannuation) Regulations, 2005

August 26th, 2013

U.P. Jal Nigam Employees (Retirement on the age of Superannuation) Regulations, 2005 — Regulations 3 & 4 — Separate retirement age — Unconstitutionality of — By impugned common judgment, Division Bench of High Court, declared “Uttar Pradesh Jal Nigam Employees (Retirement on attaining age of Superannuation) Regulations”, 2005 unconstitutional as it created two classes of employees in determining two separate retirement age — Held, State Government’s order dated 29th June, 2009 prescribing a uniform age of superannuation at 58 years for the employees working in the Government Companies and Government Corporations cannot prevail over statutory Regulation 31 framed by the Nigam under Section 97 (2) (C) of the Act, 1975 with the previous approval of the State Government — Therefore, the employees of the Nigam shall not be guided by the State Government’s order dated 29th June, 2009 but will continue in the services up to the age of 60 years, in view of Regulation 31, having not yet amended or repealed — No interference is called for in the impugned judgment, whereby the High Court held Regulations, 2005 unconstitutional, violative of Article 14 and set aside the orders of retirements — U.P. Water Supply and Sewerage Act, 1975 — Section 97(2)(C) — Superannuation age — U.P. Jal Nigam Service of Engineers (Public Health Branch) Regulations, 1978 — Regulation 31 — Superannuation age — Constitution of India — Article 14 — Separate superannuation age — Effect of.

Prem Chand Somchand Shah v. Union of India, (1991) 2 SCC 48 & Harwindra Kumar vs. Chief Engineer, Karmik and others, 2005(13) SCC 300, Relied on.

(Para 27 & 30)

State of Uttar Pradesh v. Dayanand Chakrawarty[Bench Strength 2], Civil Appeal No. 5527/2012 (Arising out of SLP (C) No. 31279/2010)(02/07/2013), 2013(8) SCALE 74: 2013(5) Supreme 24: 2013(9) JT 494 [G.S. Singhvi, J.: Sudhansu Jyoti Mukhopadhaya, J.]

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